Jones v. State

847 N.E.2d 190, 2006 Ind. App. LEXIS 817, 2006 WL 1171811
CourtIndiana Court of Appeals
DecidedMay 4, 2006
Docket49A02-0510-CR-1018
StatusPublished
Cited by54 cases

This text of 847 N.E.2d 190 (Jones v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 847 N.E.2d 190, 2006 Ind. App. LEXIS 817, 2006 WL 1171811 (Ind. Ct. App. 2006).

Opinion

OPINION

BAILEY, Judge.

Case Summary

Appellant-Respondent Melissa Jones ("Jones") appeals the judgment of the trial court finding her in contempt of court for refusing to appear at a pre-trial deposition after having been subpoensed to do so. Jones also challenges the trial court's imposition of a two-hundred-day "flat" sentence. We affirm. 1

Issues

Jones raises three issues, which we restate as:

I. Whether Jones received effective assistance of trial counsel;
II. Whether the evidence is sufficient to support the trial court's finding of contempt; and
III. Whether Jones's sentence is unreasonable or inappropriate under Indiana Code Section 35-50-6-3(a) and Indiana Appellate Rule 7(B).

Facts and Procedural History

On October 20, 2003, the State charged Michael Mason ("Mason") with murder and carrying a handgun without a license as a Class A misdemeanor, resulting from the death of Antione Mitchell. During the investigation of the death, Indianapolis Police Detective Michael Mitchell ("Detective Mitchell") interviewed Jones-a relative of Mason-the only witness who could identify Mason as the shooter. Initially, Jones gave a statement and signed some photo arrays.

On September 30, 2004, Detective Mitchell personally served Jones with a subpoena to appear for a deposition on October 7, 2004. Detective Mitchell instructed Jones "not to miss the deposition," even if "something comes up," because she does not "have the right not to show up." Tr. at 28. He further advised her that "if she needed a ride, to get a hold of [him.] [He] would come get her." Id. At that time, according to Detective Mitchell, Jones did not indicate that she was afraid of testifying at the deposition or that she had received threats from a gang with which the victim was allegedly affiliated.

On October 7, 2004, Jones failed to appear for the deposition. In her words: "... well, [Detective Mitchell] ain't put me in no protective custody-I was in fear of my life. That's why I didn't show up for the dep [sicl-that's why I didn't show up to nothin' ..." Id. at 38.

The following day, a bench warrant was issued for Jones's arrest. On October 13, 2004, Mason filed a motion to exclude the testimony of the State's material witnesses, including Jones, because, on three separate occasions, they had failed to appear for their depositions. 2 Thereafter, on *195 October 14, 2004, Jones left two telephone messages for Deputy Prosecutor Janna Skelton ("Skelton") regarding the warrant.

On January 20, 2005, the State filed a motion to continue Mason's jury trial. In relevant part, this motion provides:

6. The State of Indiana cannot go forward with its case without Ms. Jones. The State has been making a good faith effort to find Ms. Jones, but has not yet been able to locate her.
7. The State is requesting additional time to locate Ms. Jones so that we may proceed on these charges.
8. Defendant Mason requested a speedy trial on December 15, 2004. The T7Oth day is February 23, 2005.

Appellant's App. at 42 (emphasis in original). Because of Mason's speedy trial right, however, the trial court denied the State's motion for continuance. Subsequently, the State filed a motion to dismiss the charges against Mason, which the trial court granted.

On October 4, 2005, in a separate action, the State charged Jones with indirect contempt, under Indiana Code Sections 34-47-3-1 and 34-47-3-5, for her failure to appear at the October 7th deposition. On October 14, 2005, the trial court conducted a contempt hearing, at which time Jones admitted that she had failed to appear for the deposition, but argued that, in so doing, she did not willfully disobey the process of the court. Rather, Jones explained that she did not appear because she feared for her life. 3 On October 18, 2005, the trial court found Jones in indirect contempt and ordered her to serve "200 days flat in the Marion County Jail," with the sentence to end on April 12, 2006. Id. at 26. On the order, the trial judge wrote: "Do Not Release Early!!" Id. Jones now appeals.

Discussion and Decision

I. Effective Assistance of Trial Counsel

On appeal, Jones first argues that she received ineffective assistance of trial counsel. Effectiveness of counsel is a mixed question of law and fact. Strickland v. Washington, 466 U.S. 668, 698, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We evaluate Sixth Amendment claims of ineffective assistance under the two-part test announced in Strickland. Id. To prevail on an ineffective assistance of counsel claim, a defendant must demonstrate both deficient performance and resulting prejudice. Dobbins v. State, 721 N.E.2d 867, 873 (Ind.1999) (citing Strickland, 466 U.S. at 687, 104 S.Ct. 2052). Deficient performance is that which falls below an objective standard of reasonableness. Strickland, 466 U.S. at 687, 104 S.Ct. 2052; see also Douglas v. State, 663 N.E.2d 1153, 1154 (Ind.1996). Prejudice exists when a claimant demonstrates that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694, 104 S.Ct. 2052; see also Cook v. State, 675 N.E.2d 687, 692 (Ind.1996). The two prongs of the Strickland test are separate and independent inquiries. Strickland, *196 466 U.S. at 697, 104 S.Ct. 2052. Thus, "(lf it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice ... that course should be followed." Id.

In the present case, Jones argues that her trial counsel rendered ineffective assistance because counsel failed to object to: (1) Skelton's role as both witness and prosecutor, in violation of Indiana Rule of Professional Conduct 3.7; and (2) the trial court's partiality as evidenced by its questioning of Jones. We separately address these arguments.

A. Dual Role

Jones maintains that she received ineffective assistance of trial counsel because her counsel failed to object to Skel-ton's dual role as prosecutor and witness, pursuant to Indiana Rule of Professional Conduct 8.7. 4 The record demonstrates that, at the contempt hearing, the State called Skelton as its first witness. At that time, the trial court informed Skelton that she would have to withdraw as prosecuting attorney and allow Jennifer Haley ("Haley") to proceed as prosecutor. Haley then proceeded to examine Skelton as a witness.

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Cite This Page — Counsel Stack

Bluebook (online)
847 N.E.2d 190, 2006 Ind. App. LEXIS 817, 2006 WL 1171811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-indctapp-2006.