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COA: Jury adequately instructed on presumption of innocence

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The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.

In Stephen Brakie v. State of Indiana, 65A05-1304-CR-172, Stephen Brakie was convicted of Class A felony child molesting for inserting a screwdriver into the vagina of a 4-year-old, causing significant tearing and bleeding.

“Here, we find that the court’s instructions adequately instructed the jury on the presumption of innocence,” Judge Elaine Brown wrote. “Specifically, the court instructed the jury that under the law of this State a person charged with a crime is presumed to be innocent and that ‘[y]ou should attempt to fit the evidence to the presumption that Stephen J. Brakie is innocent … .’  This instruction satisfied the Indiana Supreme Court’s holding in Robey that the jury should fit the evidence to the presumption that a defendant is innocent.”

The judges also held that there was sufficient evidence to support the molestation conviction. Brakie had argued that victim N.J. had told three different stories as to what happened. The court noted that this is an issue of witness credibility and it is up to the jury to weigh witness credibility.
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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