An attorney for former Secretary of State Charlie White said in an appeals hearing today that Indiana law was misapplied when White was convicted in 2012 of six criminal counts stemming from voter fraud.
White’s appeal included several arguments – the jury wasn’t properly instructed, selective prosecution, his attorney at the time – Carl Brizzi – was ineffective.
But when pressed by the Appeals Court judges for the strongest argument, White’s current attorney Andrea Ciobanu says it’s misapplication of the law.
White was registered to vote at his ex-wife’s home in Fishers. Prosecutors argued he was really living at a new residence in Fishers, referred to as Overview, with his soon-to-be second wife.
But Ciobanu says White’s residence was the ex-wife’s house because he hadn’t yet moved to Overview.
“That was considered his domicile because it goes to intent and conduct. Because you can have many different abodes, you can many different places that you live,” she sayd.
Ciobanu says the fact that White’s only immediate family – his son – was still living at the ex-wife’s residence also bolsters the claim.
But attorney for the state Justin Roebel says there was plenty of evidence White was living at Overview, including a mortgage application.
“A lease, and a homestead deduction, tells the Indy Star that he’s been living there, tells his employer he’s been living there,” Roebel said.
The judges did not set a timetable for their ruling.