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High court grants 3 transfers

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The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction relief, and the appointment of counsel for a mother involved in a termination proceeding.  

In James A. Carr v. State of Indiana, No. 25S04-1004-CR-219, James Carr appealed his murder conviction, which the Indiana Court of Appeals upheld. The appellate court held that Carr’s proceedings didn’t violate the speedy-trial provisions of Indiana Criminal Rule 4; Carr’s confession to law enforcement was not procured in violation of his Miranda rights; the trial court did not err by prohibiting cross-examination into Carr’s level of intoxication during his custodial interrogation; and the court did not err by refusing to instruct the jury on various lesser-included offenses.

In State of Indiana v. Craig Cooper,  No. 49S02-1004-PC-220, the appellate court affirmed the grant of Cooper’s request for post-conviction relief. He showed the requisite prejudice because he wouldn’t have pleaded guilty to the charged offense of operating a vehicle while an habitual traffic violator had he known there was no basis for that charge. He was prejudiced by the inadequate factual basis that was presented at the guilty plea hearing. Judge Margret Robb dissented because she didn’t believe Cooper demonstrated he was prejudiced by the error.

In Termination of parent-child relationship of I.B.; M.L. v. IDCS, No. 03S05-1004-JV-218, the Court of Appeals affirmed the denial of the motion to appoint counsel to appeal the termination of mother M.L.’s parental relationship with I.B. Mother failed to carry her burden as an indigent person to show the trial court she met the statutory requirements for the appointment of counsel. She didn’t even request the appellate counsel representation; her trial counsel did.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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