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Death penalty, election arguments Thursday

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The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.

At 9 a.m., the justices will hear Daniel Ray Wilkes v. State of Indiana, No. 10S00-0808-DP-453. Daniel Ray Wilkes was convicted in Clark County for the murders of an Evansville woman and her two children. The jury failed to reach a unanimous decision as to Wilkes' sentence, so Vanderburgh Circuit Judge Carl Heldt issued a death sentence.

This was the first time since Indiana law changed in 2002 that a judge had to determine the sentence in a capital murder case after a jury deadlocked. The state law amendment requires judges to follow jury sentencing recommendations in capital cases. In the direct appeal, Wilkes argued various errors occurred during his trial and sentencing.

Arguments in Kevin D. Burke v. Duke Bennett, No. 84S01-0904-CV-148, begin at 10:05 a.m. Duke Bennett was elected mayor of Terre Haute in 2007, but his opponent, Kevin Burke, contested the election because he claimed Bennett was ineligible to run for office since he worked for a nonprofit that received federal funds. Bennett was declared the winner, but the Indiana Court of Appeals in a 2-1 decision reversed and held that Bennett is disqualified, the mayor's office is vacant, and a special election is required.

The high court will also hear arguments at 10:55 a.m. in a case involving the denial of a mother's motion to set aside an order for voluntary termination of her parental rights. In the case In Re: Termination of parent-child relationship of M.B. and S.B., No. 34S02-0805-JV-437, the Howard Circuit Court denied the mother's Trial 60(B) motion to set aside the order voluntarily ending her parental rights. The Court of Appeals affirmed in the matter of first impression, ruling the addendum to her consent providing for post-adoption visitation was unenforceable because a partial termination of parental rights doesn't exist under Indiana law and severing the addendum didn't frustrate the basic purpose of the remainder of the agreement.

All arguments will be webcast live from the Supreme Court courtroom.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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