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High court upholds life sentence

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The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.

Jeffrey Treadway appealed his convictions of murder, felony murder, robbery, and battery, and his sentence of life in prison without parole on numerous arguments, including that the trial court erred by not granting his motions for mistrial; in instructing the jury; and that his sentence is inappropriate.

Treadway knocked on the door of the home of an elderly couple for whom he had previously done some handy work. When Donald Carroll answered the door, Treadway attacked him with a brick, which caused his death. When Betty Carroll intervened, Treadway hit her and demanded money. She gave him $200 and he left. When describing the attacker to police, she noted his name was "Jeff" and he had previously done yard work for the couple. Treadway was arrested in Minnesota on an unrelated charge when police realized he was wanted in Indiana.

In Jeffrey Treadway v. State of Indiana, No. 49S00-0803-CR-147, the justices held the trial court didn't err in denying his three motions for mistrial based on hearsay testimony, jury separation, and instruction to the jury to continue deliberating. Under the hearsay testimony motion, Betty's stepson testified about what she had told him about her attacker. The testimony was nearly identical to Betty's testimony, so admitting it wasn't an error. Under the jury separation motion, the juror had been separated for just 20 minutes to express breast milk and no deliberations had occurred while she was gone, so there was no error. On the instruction to the jury motion, the trial court properly called the jury and the parties into open court, polled them, and notified the parties of the court's intent to instruct the jury to continue deliberating before sending the bailiff into the jury room. There was no error on this issue, wrote Justice Robert Rucker.

Treadway argued the trial court erroneously instructed the jury in the guilt and penalty phases of trial. The whole of the jury instruction during the guilt phase doesn't make it appear that the jury should come to a verdict when a verdict can't be reached, as Treadway claimed, wrote the justice. The trial court didn't err in instructing the jury by using the phrases "after you return a verdict" and "when you have agreed upon a verdict."

The trial court also didn't err in instructing the jury on the parole aggravator during the penalty phase or reading an instruction to the jury that included "a sentencing recommendation." Merely referring to the jury's determination as a "recommendation" didn't imply that its recommendation was only a preliminary step to sentencing and didn't suggest that the jury wasn't responsible for the ultimate sentence, the high court held.

The justices also rejected Treadway's argument that his sentence is inappropriate. Bludgeoning an elderly man to death during a robbery is horrific and brutal, and Treadway has an extensive criminal history beginning when he was a juvenile. His criminal conduct over the years has increased in seriousness, and despite being offered numerous opportunities to reform, he continued to pursue criminal activity.

The Supreme Court also affirmed the trial court didn't err in failing to dismiss the state's request for life imprisonment without parole; admitting into evidence the testimony of two inmate witnesses; that there was sufficient evidence; the state proved the existence of statutory aggravators beyond a reasonable doubt, and that the trial court's sentencing order is adequate.

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  1. 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?

  2. 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.

  3. 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

  4. 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.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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