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COA: 6th Amendment not violated in juvenile murder case

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The Indiana Court of Appeals has found that a juvenile court did not abuse its discretion in waiving a 15-year-old boy’s murder trial to adult court and that Indiana’s juvenile waiver statute does not violate the Sixth Amendment.

On August 22, 2008, Martin Villalon chased down 15-year-old John Shoulders and fatally shot him because Villalon believed Shoulders was a Vice Lord gang member. Villalon, who was also 15 at the time, was waived to adult court in 2009 following a hearing in juvenile court. He was charged with murder, and a jury trial found him guilty as charged. On July 26, 2010, the trial court sentenced him to 60 years in prison.

In Martin A. Villalon, Jr. v. State of Indiana, No. 45A03-1010-CR-544, Villalon appealed his conviction and sentence. He raised several issues for review, including the claim that Indiana’s juvenile waiver statute is unconstitutional because it deprives juveniles of a Sixth Amendment right to have a jury determine facts supporting enhanced punishment for an offense.

Villalon argued that, because his trial in adult court greatly increased his punishment, he was entitled to have a jury determination of facts supporting the enhancement. In support of that argument, Villalon cited Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), which set forth the general rule that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury.”  However, more recently in Oregon v. Ice, 555 U.S. 160, 129 S.Ct. 711, 714 (2009), the United States Supreme Court declined to extend the Apprendi rule in the context of consecutive versus concurrent sentencing, holding that Apprendi did not apply to concurrent or consecutive sentencing in which the jury had traditionally played no role.

The appeals court held that the Sixth Amendment right to a jury trial does not apply to juvenile proceedings, and that Villalon had not proved that the Indiana juvenile statute violates that amendment. Villalon also failed to establish that his waiver to adult court lacked evidentiary support for the statutory prerequisites, and he failed to demonstrate ineffectiveness of trial counsel or reversible error in the admission of evidence or the conduct of the trial. In light of Villalon’s character and previous criminal history, the court held that his 60-year sentence is not inappropriate.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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