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

  2. 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.

  3. (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.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...