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COA affirms sexually violent predator findings

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The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.

In Johanna P. Williams v. State, No. 47A05-0802-CR-101 and Ronald Lynn Scott Jr. v. State, No. 82A04-0802-CR-85, Johanna Williams and Ronald Lynn Scott Jr. challenged the findings that they were sexually violent predators. The Court of Appeals mentioned its decisions in both cases in the two opinions.

Williams pleaded guilty to child molesting as a Class C felony and sexual misconduct with a minor as a Class C felony following two incidents involving her niece and a foster child in her sister's care. Scott pleaded guilty to three counts of Class B felony sexual misconduct with a minor following an incident with his niece.

Williams challenged her enhanced sentence under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), arguing she is entitled to the former presumptive sentencing scheme since she committed her crimes in March 2005. The Court of Appeals found the facts underlying the aggravator - that Williams was in a position of trust with her victims - wasn't established by the state. The facts underlying the aggravator weren't found by a jury nor admitted by Williams or her attorney, wrote Judge Patricia Riley. The appellate court remanded to allow the state to establish a position of trust aggravator consistent with Blakely. If the state elects not to do so, the trial court is to re-sentence Williams without any aggravators, wrote the judge.

The three-judge panel affirmed the findings Williams and Scott were sexually violent predators, ruling there was sufficient evidence to support the determination. The trial court in Williams’ case operated under the terms of the amended 2006/2007 statutes in effect at the time of her sexually violent predator and sentencing hearing, where in Scott’s case, the trial court used the 2004 statutes, wrote Judge Riley.

In both cases, Williams and Scott met the criteria to be considered sexual violent predators. Several pieces of evidence support the SVP finding against Williams, including her lack of remorse, a doctor’s diagnosis of Williams with pedophilia, alcohol abuse, personality disorder, and a brain injury, and the doctor’s testimony Williams is a sexually violent predator, wrote the judge.

As in Williams, the two doctors who evaluated Scott didn’t agree he was a sexually violent predator; however, with the one doctor’s report Scott is likely to offend again, Scott’s previous conviction for attempted child molesting, and his lack of remorse, there is enough evidence to support the SVP finding, wrote Judge Riley.
 

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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