Matthew Fiandt v. State of Indiana

I respectfully dissent and would vote to vacate Fiandt’s convictions and remand for a jury trial.

Fiandt was charged with two Class A misdemeanors and one Class B misdemeanor. A Class A misdemeanor carries a potential maximum term of one year imprisonment. Ind.Code § 35-50-3-2. The Sixth Amendment right to a jury trial applies to all “serious infractions.” Duncan v. Louisiana, 391 U.S. 145, 159-61, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968). The Supreme Court of the United States has held that “serious infractions” are crimes “where imprisonment for more than six months is authorized.” Baldwin v.…