Willis Pryor v. State of Indiana, 2012 Ind. App. LEXIS 420

Pryor was charged with resisting law enforcement as a class A misdemeanor on July 19, 2011.
A November 1, 2011 pre-trial hearing included an “Off the Record Request for New Court Date” form showing bench trial on 1-23-12 and 1:00 pm time circled.
On January 17, 2012, Pryor, through counsel, filed a request for a jury trial.
On January 23, 2012, the court denied Pryor’s jury-demand and proceeded with a bench trial after arguments.
The bench trial occurred, Pryor was found guilty and sentenced, and Pryor appealed alleging ineffective assistance of counsel for failing to preserve the jury trial right.
The Indiana Court of Appeals reversed and remanded for a new jury trial on the grounds that trial counsel’s failure to timely file the jury demand fell below professional norms and prejudiced Pryor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s failure to preserve Pryor’s right to a jury trial was ineffective assistance.	Pryor (appellant) contends the failure was a reversible error under Stevens/Lewis.	State contends no ineffective-assistance claim validity because no timely jury demand; record supports bench trial.	Reversed and remanded for a new jury trial.

Stevens v. State, 689 N.E.2d 487 (Ind. Ct. App. 1997) (right to jury trial fundamental; failure to file timely demand can be prejudicial in misdemeanor cases)
Lewis v. State, 929 N.E.2d 261 (Ind. Ct. App. 2010) (counsel’s failure to timely file jury demand below professional norm; prejudice presumed)
Davis v. State, 368 N.E.2d 1149 (Ind. 1977) (Davis/Hatton procedure discussed for trial remands; remand considerations)
Kellems v. State, 849 N.E.2d 1110 (Ind. 2006) (right to jury trial under Article I, §13; due process cornerstone; preservation requirements)
French v. State, 778 N.E.2d 816 (Ind. 2002) (ineffective assistance standard; reasons for deficient performance must be evaluated)