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Supreme Court takes 4 cases

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The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.

The Indiana Court of Appeals found in Noe Romo v. State of Indiana, No. 49S04-1009-CR-499, a third example of when transcripts “may” be necessary – when an audio recording isn’t the best evidence of a conversation because it features a language that a jury can’t understand.

Romo had challenged the admission of English transcripts of drug transactions he participated in with a confidential informant in Spanish. The appellate court found the state laid the proper foundation to establish the accuracy of the transcripts and that Romo wasn’t prejudiced by their admission.

The justices also granted transfer to Jeffrey L. Sloan v. State of Indiana, No. 18S04-1009-CR-502, in which the Court of Appeals decided that the statute of limitations on felony child molesting begins once the actions stop and the victim is no longer prevented from telling authorities. The issue had been litigated for more than 20 years and produced conflicting opinions on the matter. Because the judges found the statute of limitations had expired, preventing the state from filing charges because the victim – who said the molestation began in 1984 – didn’t report the abuse until 2007, long after the molestation had stopped.

The high court also took:

- Elmer D. Baker v. State of Indiana, No. 17S04-1009-CR-500, in which the lower appellate court affirmed Elmer Baker’s felony child molesting convictions. The Court of Appeals held the trial court didn’t violate Baker’s constitutional protection against ex post facto laws in granting the state’s motion to amend the charging information, the trial court didn’t commit fundamental error by giving certain jury instructions, nor did it abuse its discretion in denying his motion to correct error on the issue of unanimity of the jury verdict. They also held he wasn’t denied effective assistance of counsel. The Court of Appeals affirmed their original opinion on rehearing.

- Clifton Mauricio v. State of Indiana, No. 02S03-1009-PC-501, in which the Court of Appeals affirmed the denial of Clifton Mauricio’s petition for post-conviction relief in a not-for-publication opinion. They found he didn’t show he was prejudiced by the counsel’s alleged errors or that his sentence would have been different on remand.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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