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COA not persuaded by defendant’s claims on appeal

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The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.

At some point in late May or early June 2009, Sisson and Belinda Myers drove to the home of Judith and Richard Baber, where Sisson stole jewelry and guns from the home. He later exchanged the guns for marijuana and cash. Sisson and Myers were arrested June 17, 2009, and remained incarcerated. The Babers didn’t discover the burglary until after the arrests.

Sisson’s first trial resulted in a mistrial, so the state filed an amended SVF charge and habitual offender allegation without objection from Sisson a week later. The state alleged that the offenses occurred on or about June 2009 in the amended information as opposed to “on or about June 20, 2009” as was originally filed. Sisson was convicted as charged and also found guilty of the SVF charge and found to be a habitual offender.

Over Sisson’s objection, the same judge – Judge Richard Maughmer – who presided over the trial also sentenced him. Sisson sought his removal from sentencing because Maughmer had acted as the prosecuting attorney on Sisson’s rape conviction, which supported the habitual offender enhancement. He was sentenced to 53 years in the Department of Correction.

Sisson raised six issues on appeal, including that fundamental error occurred when the state refiled a previously dismissed SVF charge and habitual offender allegation after the mistrial, that the state’s failure to respond to his notice of alibi by the narrowing of the time period during which the offense was alleged to have occurred constituted a violation of the alibi statute, and that Maughmer should have granted his change of judge or recused himself for sentencing purposes only.

In Bret Lee Sisson v. State of Indiana, 09A02-1102-CR-199, the Court of Appeals noted that the SVF charge was dismissed prior to jury selection in Sisson’s first trial, so jeopardy never attached with respect to that charge and refiling was not barred. He also did not object to the dismissal of the SVF charge and habitual offender allegation, so refiling was not barred, Judge Ezra Friedlander wrote. The judges also rejected Sisson’s claim that refiling the charges was vindictive.

Sisson also failed to raise his claim regarding the alibi statute at trial.

“If Sisson believed that the lack of precision in the charging information impaired his ability to present a defense, he should have raised the issue prior to trial. His failure to do so constitutes waiver of any error in this regard,” Friedlander wrote. “Because Sisson was aware that the State intended to present evidence that Sisson
committed the crime prior to the date of his incarceration before trial, his claim that the State’s failure to narrow the time frame alleged in the charging information impaired his ability to formulate a defense is unpersuasive.”

The judges also found there was no reason for Maughmer to recuse himself prior to Sisson’s sentencing. Because Maughmer was not disqualified from presiding over Sisson’s jury trial due to an appearance of bias based on his involvement prosecuting Sisson previously for rape, there is no basis to conclude he was disqualified from pronouncing sentence for that reason, the court concluded.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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