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Court affirms man’s conviction of murder, feticide enhancement

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The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.

Tyler White and Amy Meyer had one son together while married. White was verbally abusive during their relationship, and they filed for divorce. They shared custody of their son, and the day before a provisional custody hearing, White shot Meyer twice, killing her. She was around three months pregnant at the time. The baby did not survive.

The state charged White with murder and sought an enhanced sentence under the feticide enhancement statute. White was found guilty of murder and in the second phase of trial, the jury found the state proved beyond a reasonable doubt that the murder caused the death of the baby. He was sentenced to a total of 70 years, which included the 10-year feticide enhancement.

In Tyler A. White v. State of Indiana, 90A04-1111-CR-621, White argued the court erred in finding certain testimony by witnesses as to what Meyer had told them about White admissible under Evidence Rule 804(b)(5), the “forfeiture by wrongdoing” hearsay exception; that the feticide enhancement statute is unconstitutional; and the trial court should have allowed him to enter evidence that Meyer previously had a miscarriage.

“We hold that the preponderance of the evidence supports a determination that White killed Amy to prevent her from testifying at the provisional custody hearing,” Judge Edward Najam wrote, which allows for the hearsay evidence to be admitted. “The fact that the conflict escalated one day before a custody hearing is substantial evidence of White’s intent when he shot Amy.”

The judges found the feticide enhancement statute is not unconstitutional as White argued because it doesn’t require proof that the person committing the murder had knowledge that the victim was pregnant or intended to end the pregnancy.

“Thus, the legislature’s intent on this issue is clear, and the State need not prove a defendant’s mens rea when it seeks a sentencing enhancement for feticide,” Najam wrote.

The appellate court also affirmed that the trial court did not abuse its discretion in excluding evidence that Meyer previously suffered a miscarriage.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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