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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. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  2. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  3. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  4. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

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