SCOTUS set to start term

Michael W. Hoskins
January 1, 2008
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Next week will be a big one for Indiana in the Supreme Court of the United States.

The nation's highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana's voter identification law, and another state's case that has Hoosier interest on the constitutionality of lethal injections.

On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, which challenge the state's two-year-old voter photo ID law that has been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals. The cases are the first scheduled that morning, which begin at 10 a.m. Arguments are expected to last about an hour.

On Monday, the SCOTUS' second case of the morning will be a Kentucky case questioning the state's use of lethal injection, and whether a three-chemical concoction used is considered "cruel and unusual punishment" in violation of the Eighth Amendment. That case is Baze v. Rees, No. 07-5439, and takes on an issue that has been raised frequently by Indiana death row inmates, including three in the past year who are now all dead.

Those inmates had filed federal suits challenging the state's lethal injection method, making similar cruel and unusual punishment claims. Their petitions challenged how Indiana executes death row inmates, with claims that they'd be fully conscious and in agonizing pain for the duration of the execution process. They argued that state inmates who've been executed have repeatedly failed to receive adequate anesthesia and have remained conscious during the administration of lethal drugs. Other states have halted executions to review this method.

But the suits never gained steam in District Court and are now moot on the grounds that all three are dead. David Leon Woods and Michael Lambert were executed by lethal injection last year; the third, Norman Timberlake, died from natural causes in his Michigan City cell in November while still on death row.

Aside from those cases, justices also will consider issues during the week that involve immigration and deportation, employment age discrimination, taxes and nontradable return of capital, and whether a defendant's lawyer can waive the right to a federal judge presiding over jury selection without consulting that client. While the court doesn't hold arguments Thursday or Friday, justices will meet Friday in private conference and could decide when to schedule arguments in another Indiana case it's accepted.

That case is Indiana v. Ahmad Edwards, No. 07-208, which asks whether the Sixth Amendment grants someone found competent to stand trial the right to represent himself in a criminal proceeding. In early December, the court agreed to hear that case and it has tentatively set arguments for March, though a docket date hasn't yet been set.

The Supreme Court's arguments are not televised or broadcast live, but coverage of can be found online on the Indiana Lawyer Web site at, as well as in the Indiana Lawyer Daily and print editions of the newspaper.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.