Wendell Brown a/k/a Menes Ankh El v. State of Indiana
64 N.E.3d 1219
Ind. Ct. App.2016Background
- In early 2012 Bank of America (serviced by Bank of New York Mellon) acquired a foreclosed home in Marion County; Integrated Asset Services and broker Mark Forcum were retained to manage and sell the Property.
- On April 17, 2012 Forcum found Menes Ankh-El (aka Wendell Brown) occupying the house, claiming ownership, presenting a self‑made "FREEHOLD IN DEED" and a Moorish ID, and later changing locks and moving personal property into the residence.
- Indianapolis Metropolitan Police arrested Ankh‑El; fingerprints identified him as Wendell Brown and BMV records showed his license was suspended.
- The State charged him with burglary (Class C), forgery (Class C), theft (merged), trespass (merged), and driving while suspended (Class A misdemeanor); he proceeded pro se at trial and was convicted on all counts presented to the jury.
- Sentencing: concurrent four‑year terms (two executed via Community Corrections, two suspended with probation) for burglary and forgery; one year Community Corrections concurrent for driving while suspended.
- On appeal Ankh‑El raised five issues: subject matter jurisdiction, Sixth Amendment right to counsel (claiming entitlement to "Moorish Consuls"), sufficiency of evidence, defects in the Information, and alleged trial‑court prejudice/fundamental error. This Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject‑matter jurisdiction | State: Marion Superior has statutory authority to hear criminal cases committed in Marion County. | Ankh‑El: only U.S. Supreme Court can hear cases naming a State; he is not a U.S./state citizen (Moorish national) so courts lack power. | Court: Indiana superior courts have jurisdiction by statute; Fourteenth Amendment and state sovereignty control; jurisdiction affirmed. |
| Right to counsel | State: defendant may choose licensed counsel; court properly refused unlicensed "Consuls." | Ankh‑El: entitled to be represented by Moorish Consuls; licensing is invalid and Gideon supports assistance by lay representatives. | Court: practice of law is regulated by Indiana Supreme Court; unlicensed representation not permitted; no Sixth Amendment violation. |
| Sufficiency of evidence (burglary, forgery, driving while suspended) | State: evidence (forced entry, changed locks, moved belongings, forged deed, BMV records) supports convictions. | Ankh‑El: claimed adverse possession, no felonious intent, deed not a forgery, right to travel/no license needed. | Court: evidence supports intent to deprive (burglary), creation/utterance of fictitious deed (forgery), and driving while suspended proven; adverse possession failed (duration element). |
| Charging Information defects | State: Information sufficiently alleged place, defendant, and elements. | Ankh‑El: Information misidentified him (used "Wendell Brown"), used "and/or" making charges vague, failed to allege jurisdiction. | Court: Information met statutory requirements, identity established by fingerprints and prior name usage, "and/or" did not hinder preparation; no fatal defect. |
| Fundamental error / trial‑court prejudice | State: procedures adequate; defendant had opportunity to litigate; no record of prejudicial omissions. | Ankh‑El: court ignored/did not rule on multiple motions, denied hearings, prevented presentation of adverse‑possession defense. | Court: no record of reversible error; adverse possession was meritless and defendant failed to present or request instruction; no fundamental error shown. |
Key Cases Cited
- Dred Scott v. Sandford, 60 U.S. 393 (1856) (historical discussion relied upon by defendant; court notes later supersession by Fourteenth Amendment)
- Gideon v. Wainwright, 372 U.S. 335 (1963) (establishes Sixth Amendment right to counsel applicable to states)
- Powell v. Alabama, 287 U.S. 45 (1932) (discusses right to counsel of choice in capital cases and importance of counsel)
- Freshwater v. State, 853 N.E.2d 941 (Ind. 2006) (standard for reviewing sufficiency of evidence in criminal cases)
- Latta v. State, 743 N.E.2d 1121 (Ind. 2001) (discusses right to counsel of choice)
- Jackson v. State, 563 N.E.2d 1310 (Ind. Ct. App. 1990) (state sovereign prosecution authority cited for jurisdiction)