MARION—The Third District Court Of Appeals has confirmed the plea agreement and sentence handed down by Marion County Common Pleas Court Judge Warren Edwards.
The appeal was filed by Defendant Illya Green. Green was sentenced to 11 1/2 years in prison in March of 2020 for drug trafficking.
On the morning of his scheduled jury trial, Green asked for and was denied, new counsel. After a lengthy conversation between Judge Edwards, defense counsel, and Green, Judge Edwards denied that motion because Green offered no reason except that his attorney had recommended he take a plea offer. He said his attorney had offered no way to “ beat” the case:
“My trial counsel] hasn’t ensured me that he can beat this trial. So, I will not let him be here for me for this trial. And if [he] tells me he can’t be at the trial, why would I go * * * in trial With him? Green said.
Judge Edwards explained to Green that it is not his attorney’s job to ensure victory but to explain the options to his client and offer his professional input:
“No, it is not. He is not a genie. It’s not his job to pull a rabbit out of a hat for you. It’s his job to protect your rights. He’s done that. Anything else, sir?” Judge Edwards said.
“Yes. * * * I’ll ask you to remove him from my counsel.” Green said.
After that exchange, the motion was denied. Before jury selection began, Green took a plea.
The Third District Court Of Appeals released a 26-page decision on Monday.
Green remains incarcerated at the Noble County Correction Facility.