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COA upholds denial of convicted murderer’s motion to dismiss

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The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.

Chaunsey Fox was charged with murder, attempted robbery and felony murder in the shooting death of Eddie Williams in South Bend in 2009. Fox, who was incarcerated in 2011, got on police radar as a potential suspect when he contacted a detective claiming to have information on the homicide. Fox wanted favorable treatment for his pending charge in return.

He claimed to be at the scene of the crime but did not shoot Williams. The state agreed to not charge Fox with murder if he was truthful, testified against other individuals if called upon, he was not the shooter, and he didn’t carry a gun during the crime. But Fox later told inmates he was the shooter, and Derek Fields testified that he and Fox tried to rob Williams, Fox carried a handgun that night, and was the shooter. A jury convicted Fox of felony murder and attempted robbery.

Fox wanted the murder charges dismissed based on the agreement he entered into with the state. In Chaunsey L. Fox v. State of Indiana, 71A04-1304-CR-187, the Court of Appeals concluded the trial court didn’t abuse its discretion by denying the motion to dismiss and allowing the jury to decide the issue of credibility. The judges also rejected Fox’s claim that he relied on the state’s promise not to prosecute him for murder by pointing out Fox admitted to being at the crime scene before entering into the deal. Nor was the court convinced that the jury accepted Fox’s version of the events just because it acquitted him of murder as Fox argued.

The COA also concluded there were no Brady violations or judicial bias as Fox claimed.

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  1. 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.

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  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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