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COA upholds convictions in Indianapolis Hamilton Ave. murders

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The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.

James Stewart was convicted of seven counts of felony murder, six counts of criminal confinement, robbery, carrying a handgun without a license, burglary, and found to be a habitual offender. Stewart, along with Desmond Turner, went to the home of Emma Valdez and Alberto Covarrubvias Sr. on Hamilton Avenue with the intent to rob the family after believing drugs and money were inside. The couple, their two children and Valdez’s grandson, along with two relatives who showed up during the robberies, were killed.

There were no eyewitnesses who placed him at the crime scene and no physical evidence linked him to the crime. Testimony from four individuals regarding his confessions to being involved in the crime was used to convict him.

In James Stewart v. State of Indiana, No. 49A04-1001-CR-48, Stewart challenged his convictions of felony murder and robbery for violating double jeopardy principles, the admission of certain photographs and evidence and the exclusion of other testimony under the rules of hearsay, and whether he should have received the protections under the life without parole statute because his 425-year sentence is essentially a life sentence.

The appellate court agreed Stewart couldn’t be convicted of the robbery count and felony murder of one of the victims, and it vacated the robbery conviction and four-year sentence attached to it. In doing so, the majority declined to remand to enter judgment of conviction for the intentional murder conviction that the trial court vacated at sentencing. On this issue, Judge Cale Bradford concurred in result. The judges affirmed Stewart's remaining convictions, finding there was sufficient evidence presented to support them.

Regarding his sentence, the Court of Appeals found it didn’t violate equal protection considerations and wasn’t fundamentally unfair. Stewart wasn’t entitled to the protections found under the LWOP statute because his sentence is an aggregate one based on individual sentences imposed for multiple convictions and his habitual offender adjudication. The LWOP statute authorizes the imposition of a life sentence without parole for a single charge or conviction. Also, Stewart wasn’t denied due process in any fashion in the way he was sentenced, noted Judge James Kirsch.

The trial court didn’t err in excluding two statements implicating “Lucky” as the second shooter. Stewart wanted to have those statements admitted because he was trying to prove the truth of his assertion that Turner’s accomplice was named “Lucky,” not Stewart.

The judges also affirmed the admittance of testimony by a witness regarding the statement by Turner about finding Stewart after the murders to prevent Stewart from blaming Turner for the crimes. These statements were offered to show Turner’s then-existing state of mind.

With regard to crime scene and autopsy photos, the trial court didn’t err in admitting the gruesome photos as evidence. The probative value of the pictures outweighed any potential prejudice, wrote the judge.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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