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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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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