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June 4, 2010

Jerked Around

The Indiana Supreme Court reversed a conviction for driving while suspended and ordered a new trial because the defendant had been denied an impartial bench trial. The defendant decided that she wanted to accept a plea bargain after the first witness was called. The trial court "exhibited impatience" and told the defendant that if she was found guilty, "she's going to jail for a year." Then:

I don't know if I want to take your plea. I'd rather just go to trial, I think. I don't like being jerked around at all, all right?

When defense counsel reminded the judge at sentencing that unrelated pending charges were only allegations:

Sure they are.

The court here found that the trial court's conduct did not meet standards of Indiana Judicial Conduct Canon 2. (Mike Frisch)

June 4, 2010 in Judicial Ethics and the Courts | Permalink

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