ILNews

Court rules marriage not valid, affirms sentence

Jennifer Nelson
January 1, 2008
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A woman who helped her husband flee from police after committing three murders in southern Indiana can be convicted of assisting a criminal because her marriage is void in Indiana, the Indiana Court of Appeals ruled today.

In Misty D. Davis v. State of Indiana, No. 63A01-0712-CR-605, the Court of Appeals today upheld Misty Davis' convictions of and sentence for assisting a criminal in murder and giving a false statement to law enforcement. Davis' husband, Nick Harbison, attacked four people, resulting in three of the victims' deaths. When Harbison returned home following the attacks, he was covered in blood and told Davis that he "hurt a couple of people." Davis, Harbison, their child, and Harbison's stepmother Joyce Harbison, fled from Indiana twice, traveling to Missouri and Arkansas. Eventually, they returned home to Indiana where Harbison and Davis hid for several days before Harbison turned himself in to police.

Davis claimed her marriage to Harbison in Kentucky exempted her from Indiana's aiding a criminal liability, which says a parent, child, or spouse of the offender can't be held liable for assisting a criminal. But Davis' marriage in Kentucky is void in Indiana, wrote Judge James Kirsch. Indiana doesn't recognize their marriage because they went to Kentucky to evade Indiana's marriage laws; Davis was underage at the time and didn't have her mother's consent. Because the marriage was entered into under false pretenses, it's void in Indiana, so the trial court didn't err in denying Davis' motion to dismiss, wrote the judge.

The appellate court also upheld the trial court denial of Davis' motion to dismiss based on venue, admitting graphic testimony and photographs of the murders during her trial, the jury instruction detailing Indiana's marriage laws, and the use of the presentence investigation report at her sentence hearing.

The Indiana Court of Appeals found her aggregate sentence of six years executed was not excessive.
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  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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