ILNews

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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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