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7th Circuit affirms men’s drug convictions

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In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.

The two were charged in a multi-count, multi-defendant indictment alleging a heroin conspiracy and substantive counts of distribution. Zitt was convicted by a jury of conspiring to distribute and of distributing heroin; Wampler pleaded guilty to conspiring to distribute heroin.

At Zitt’s trial, government witness James Summers answered a question saying, “I was in prison while he’s locked up,” referring to Zitt. Zitt’s attorney immediately moved for a mistrial, which was denied. The attorney declined the judge’s other remedies: a recess to investigate whether the two men were in the same facility at the same time or an admonishment to the jury that Summers’ answer was irrelevant.

“Even if we assume for the sake of argument that Summers’s testimony was improper, the statement was not so prejudicial that Zitt was denied a fair trial, so any arguable error would be harmless. Summers’s comment was brief and nondescript and, afterward, Zitt’s criminal history was never mentioned again,” Judge Ann Claire Williams wrote. “Thus, there was no danger that, because of this fleeting answer, the jury was prevented from fairly evaluating the evidence.”

“Finally, any impact Summers’s quick reference to Zitt’s past jail time may have had on the jury is outweighed by the overwhelming evidence of guilt,” he continued.

Turning to Wampler’s appeal, the judges dismissed his appeal finding he waived his right to appeal as a condition of his plea agreement. Wampler’s appointed attorney concluded that the appeal is frivolous and sought to withdraw. The Circuit judges granted the attorney’s motion to withdraw and denied Wampler’s motion for substitute counsel.

The case is United States of America v. Ronald Zitt and Joshua Wampler, 12-1277, 12-2865.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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