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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

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