Shoulders v. State
| Citation | 267 Ind. 538,372 N.E.2d 168 |
| Decision Date | 02 February 1978 |
| Docket Number | No. 1176S392,1176S392 |
| Parties | Leland SHOULDERS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Supreme Court of Indiana |
John F. Hoehner, Valparaiso, for appellant.
Theodore L. Sendak, Atty. Gen., Susan J. Davis, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was convicted by jury trial of kidnapping and sentenced to life imprisonment. Appellant's sole allegation of error is that the trial court erred in refusing to appoint new counsel as requested.
The record reveals that pauper counsel was appointed November 7, 1975, and that on January 2, 1976, the appellant, through counsel, entered a plea of not guilty and filed a motion for change of venue. In a letter sent to the Porter County Superior Court on January 3, 1976, and in his verified motion, the appellant expressed a loss of faith and trust in his court-appointed counsel specifically, and in all attorneys from Michigan City in general. Appellant requested appointment of counsel from Valparaiso, Indiana.
Prior to trial the trial court conducted a hearing to determine whether or not new counsel should be appointed for the appellant. Appellant clearly has the right to be represented by counsel. Indiana Constitution, Art. I, Sec. 13; Fitzgerald v. State (1970), 254 Ind. 39, 257 N.E.2d 305. An indigent however does not have an absolute right to counsel of his own choosing. This is discretionary with the trial court and can be reviewed only for abuse of that discretion. United States v. Hampton (7 Cir. 1972), 457 F.2d 299, cert. denied, 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101; State v. Irvin (1973), 259 Ind. 610, 291 N.E.2d 70.
In Magley v. State (1975), 263 Ind. 618, 335 N.E.2d 811, this Court stated that an attorney is presumed to be prepared and to have executed his duties effectively and that strong and convincing evidence must be set forth by the accused to rebut this presumption. In resolving the counsel's effectiveness, the Court must look to the record and consider the totality of the circumstances surrounding the attorney's pretrial preparation and his actual conduct at the trial. Generally counsel will not be deemed to be ineffective unless his total representation is adjudged to be a "mockery of justice" or "shocking to the conscience." May v. State (1975), 263 Ind. 690, 338 N.E.2d 258. Appellant attempts to distinguish Magley in that there the complaint was not made against counsel until shortly before trial, whereas...
To continue reading
Request your trial
-
Duncan v. State
...his own choosing. This is discretionary with the trial court and can be reviewed only for abuse of that discretion. Shoulders v. State, (1978) 267 Ind. 538, 372 N.E.2d 168; State v. Irvin, (1973) 259 Ind. 610, 291 N.E.2d 70. The services of an attorney appointed by the court may not be forc......
-
Harris v. State
...trial court and will be reviewed only for an abuse of that discretion. Duncan v. State, (1980) Ind., 412 N.E.2d 770; Shoulders v. State, (1978) 267 Ind. 538, 372 N.E.2d 168; State v. Irvin, (1973) 259 Ind. 610, 291 N.E.2d Appellant quotes language from the Irvin case supra, to the effect th......
-
Clifford v. State
...the trial court and can be reviewed only for abuse of that discretion. Duncan v. State, (1980) Ind., 412 N.E.2d 770; Shoulders v. State, (1978) 267 Ind. 538, 372 N.E.2d 168; State v. Irvin, (1973) 259 Ind. 610, 291 N.E.2d However, the record shows in this case that the trial court held a pr......
-
Myers v. State
...not only counsel's actual conduct of the trial but also his pretrial preparations as well. Leaver v. State, supra; Shoulders v. State, (1978) 267 Ind. 538, 372 N.E.2d 168. Having reviewed the totality of the circumstances surrounding counsel's representation of Myers as a whole we are not s......