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COA: Man wasn't denied fair trial by judge

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The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.

Cedric Tharpe was convicted of Class A felony attempted murder after he shot at a police officer. The officer heard shots fired, saw Tharpe running and asked him to stop. Tharpe looked at the officer for a few seconds, then began firing at him with an AK-47. The officer was not seriously hurt.

Tharpe argued on appeal in Cedric Tharpe v. State of Indiana, No. 49A04-1101-CR-24, that Marion Superior Judge Lisa Borges’ behavior and rulings at his trial denied him the right to a fair and unbiased judge. He claimed comments Borges made during voir dire, her sustaining of certain state motions, and her facial expressions – including rolling her eyes – during the trial denied him the right to a fair trial.

“Tharpe has alleged only legally-correct adverse rulings, a single incidence of sarcasm, and inappropriate facial expressions,” wrote Judge Melissa May. “Adverse rulings, without more, do not amount to fundamental error, and the trial court admonished the jury to disregard any facial expressions made by the judge. Tharpe has not demonstrated he was denied a fair trial."

The appellate court also disagreed with Tharpe’s claim that the denial of his motion for a continuance was an abuse of discretion. Tharpe argued the denial further demonstrated the court’s impartiality and prejudiced his defense because the attorney didn’t have enough time to prepare. But by the time Tharpe’s case went to trial, he was on his fourth attorney and the trial had been continued several times. His trial attorney claimed she didn’t receive his case file until Sept. 1, 2010, and the trial was to be held Nov. 22, 2010. Citing previous caselaw, the judges found the attorney had adequate time to prepare for the trial.

The COA also found there was sufficient evidence to support Tharpe’s attempted murder conviction.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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