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Blogger Brewington seeks rehearing, wants Rush to recuse

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A blogger whose intimidation convictions arising from a child-custody dispute were affirmed by the Indiana Supreme Court is seeking a rehearing in an effort to vacate his convictions.

Representing himself, Daniel Brewington also asks that Justice Loretta Rush disqualify from the case that drew national attention for its First Amendment implications. Brewington’s pro se motions were filed with the Indiana Supreme Court earlier this month, according to the docket in Daniel Brewington v. State, 15S01-1405-CR-309.

Last month, justices unanimously affirmed Brewington’s convictions for intimidation of a judge and obstruction of justice but stipulated the ruling did not implicate First Amendment freedom of speech protections.

Rush authored the 35-page opinion that held Brewington’s “statements and conduct, understood in their full context, clearly were meant to imply credible threats to the victims’ safety.

Brewington argues the state tried and convicted him for constitutionally protected speech and failed to provide examples of his conduct that constituted a threat. He argues structural and fundamental error in a ruling “replete with factual inaccuracies and confusion of events in time; many of which are a product of the fouled trial process.”

In asking for Rush’s recusal, Brewington notes a 1998 home invasion in which Rush and her husband were victimized by a former ward of the state to whom Rush years earlier had been a guardian ad litem as giving rise to questions about her ability to be impartial. Brewington also argues Rush’s professional relationship with judges who are parties in the case merit her recusal.

“Due to the numerous errors in the trial record, which confused even this Court, reliance on false pretense of fear to define threats; and the structural, fundamental, gross, and/or plain errors that deprived Brewington of nearly every constitutional protection during his criminal case, the Court should grant rehearing and reverse all convictions or remand the matter back for a new trial,” Brewington concludes his rehearing petition.


 

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

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  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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