State Ex Rel. Rondon v. Lake Superior Court, Criminal Division Two

Indiana Supreme Court

State Ex Rel. Rondon v. Lake Superior Court, Criminal Division Two

569 N.E.2d 635, 1991 Ind. LEXIS 56, 1991 WL 54073

CourtIndiana Supreme Court

DecidedApril 10, 1991

Docket45S009010OR643

StatusPublished

Cited by4 cases

This text of 569 N.E.2d 635 (State Ex Rel. Rondon v. Lake Superior Court, Criminal Division Two) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Ex Rel. Rondon v. Lake Superior Court, Criminal Division Two, 569 N.E.2d 635, 1991 Ind. LEXIS 56, 1991 WL 54073 (Ind. 1991).

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ORIGINAL ACTION

PER CURIAM.

This Court issued an alternative writ of mandamus directing the Lake Superior Court, Criminal Division Two, and the Honorable James E. Letsinger, as Judge thereof, to recuse himself from hearing Relator's petition for post-conviction relief and to name a panel of judges from which the parties were to choose a judge to hear the petition for post-conviction relief. We now make that writ permanent.

Relator, Reynaldo Rondon, was sentenced to death on May 10, 1985. Subsequent to a direct appeal, Relator filed a petition for post-conviction relief on June 29, 1990. Seven days later, Relator filed his motion for change of judge, along with a certificate of good faith by counsel and supporting affidavits by both Relator and his counsel alleging bias and prejudice on the part of Respondent, the Honorable James E. Letsinger. Respondent denied this motion.

Ind. Post-Conviection Rule 1(4)(b) provides:

Change of venue from the judge shall be granted when the petitioner files, within ten (10) days of the filing of his petition, an affidavit that the Judge has a personal bias or prejudice against petitioner. The affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be accompanied by a certificate of good faith of petitioner's counsel. For good cause shown, the petitioner may be permitted to file the affidavit after the ten (10) day period. No change of venue from the county shall be granted.

This Court has said that "[pJrovisions for change of judge are to assure not only that a litigant has an unbiased judge but also to assure that he believes that he has an unbiased judge, ie. that he is being fairly treated." Adams v. State (1978), 268 Ind. 434, 436, 376 N.E.2d 482, 483. If a petitioner files his motion for a change of judge in a timely manner and complies with the form required by the rule, the trial court is obligated to grant the motion. Lombardo v. State (1986), Ind., 499 N.E.2d 1075.

Relator's compliance with the requirements of P-C.R. 1(4)(b) entitles him to a change of judge.

[636]*636The alternative writ of mandamus issued earlier is now made permanent.

SHEPARD, C.J., and DICKSON and KRAHULIK, JJ., concur. DeBRULER, J., dissents with opinion in which GIVAN, J., concurs.

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ORIGINAL ACTION

PER CURIAM.

This Court issued an alternative writ of mandamus directing the Lake Superior Court, Criminal Division Two, and the Honorable James E. Letsinger, as Judge thereof, to recuse himself from hearing Relator's petition for post-conviction relief and to name a panel of judges from which the parties were to choose a judge to hear the petition for post-conviction relief. We now make that writ permanent.

Relator, Reynaldo Rondon, was sentenced to death on May 10, 1985. Subsequent to a direct appeal, Relator filed a petition for post-conviction relief on June 29, 1990. Seven days later, Relator filed his motion for change of judge, along with a certificate of good faith by counsel and supporting affidavits by both Relator and his counsel alleging bias and prejudice on the part of Respondent, the Honorable James E. Letsinger. Respondent denied this motion.

Ind. Post-Conviection Rule 1(4)(b) provides:

Change of venue from the judge shall be granted when the petitioner files, within ten (10) days of the filing of his petition, an affidavit that the Judge has a personal bias or prejudice against petitioner. The affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be accompanied by a certificate of good faith of petitioner's counsel. For good cause shown, the petitioner may be permitted to file the affidavit after the ten (10) day period. No change of venue from the county shall be granted.

This Court has said that "[pJrovisions for change of judge are to assure not only that a litigant has an unbiased judge but also to assure that he believes that he has an unbiased judge, ie. that he is being fairly treated." Adams v. State (1978), 268 Ind. 434, 436, 376 N.E.2d 482, 483. If a petitioner files his motion for a change of judge in a timely manner and complies with the form required by the rule, the trial court is obligated to grant the motion. Lombardo v. State (1986), Ind., 499 N.E.2d 1075.

Relator's compliance with the requirements of P-C.R. 1(4)(b) entitles him to a change of judge.

[636]*636The alternative writ of mandamus issued earlier is now made permanent.

SHEPARD, C.J., and DICKSON and KRAHULIK, JJ., concur. DeBRULER, J., dissents with opinion in which GIVAN, J., concurs.

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569 N.E.2d 635, 1991 Ind. LEXIS 56, 1991 WL 54073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rondon-v-lake-superior-court-criminal-division-two-ind-1991.

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