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Appellate court upholds murder conviction

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The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.

In Scott Pattison v. State of Indiana, No. 85A02-1101-CR-88, Scott Pattison challenged his felony murder conviction, arguing the trial court violated his rights under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution by admitting surveillance equipment and video into evidence. He also claimed the trial court abused its discretion by allowing the jury to examine a weightlifting machine during deliberations and by refusing his request to question the jurors about their examination of the machine.

Pattison called 911 to say that his wife, Lisa, wasn’t breathing; she later died at the hospital. Pattison told police that he had come home from work to find his wife’s body in their exercise room, lying on a weightlifting bench with a weight bar pinned across her throat. Police saw Pattison’s home had a surveillance system but didn’t think it recorded anything since a DVD was missing from the slot. Police later learned that the surveillance system recorded to an internal hard drive. A search warrant allowed for police to seize the system, which held a recording showing Pattison arriving home from work hours earlier than what he told police.

At trial, the weightlifting machine was installed in the courtroom and the jury was allowed to come back into the room during deliberations to examine it. Some jurors recreated scenarios played out during the trial by detectives and witnesses.

The appellate court found a lot of the information used in the probable cause affidavit was stale, and it was a close call, but the remaining information could support the search warrant under the federal and state constitutions. The judges also found no issues with the jurors’ examination of the weightlifting machine because the experiments the jurors conducted with it were in line with the testimony presented at trial. There was also no abuse of discretion by the trial court in denying Pattison’s request to question the jury about their experiments.

The circumstantial evidence in the case – including that the Pattisons’ marriage was under severe stress and Lisa’s neck injury wasn’t consistent with the weight bar falling on her neck – was sufficient to establish beyond a reasonable doubt that Pattison killed his wife, the judges ruled.

 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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