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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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