Court rules marriage not valid, affirms sentence

Jennifer Nelson
January 1, 2008
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A woman who helped her husband flee from police after committing three murders in southern Indiana can be convicted of assisting a criminal because her marriage is void in Indiana, the Indiana Court of Appeals ruled today.

In Misty D. Davis v. State of Indiana, No. 63A01-0712-CR-605, the Court of Appeals today upheld Misty Davis' convictions of and sentence for assisting a criminal in murder and giving a false statement to law enforcement. Davis' husband, Nick Harbison, attacked four people, resulting in three of the victims' deaths. When Harbison returned home following the attacks, he was covered in blood and told Davis that he "hurt a couple of people." Davis, Harbison, their child, and Harbison's stepmother Joyce Harbison, fled from Indiana twice, traveling to Missouri and Arkansas. Eventually, they returned home to Indiana where Harbison and Davis hid for several days before Harbison turned himself in to police.

Davis claimed her marriage to Harbison in Kentucky exempted her from Indiana's aiding a criminal liability, which says a parent, child, or spouse of the offender can't be held liable for assisting a criminal. But Davis' marriage in Kentucky is void in Indiana, wrote Judge James Kirsch. Indiana doesn't recognize their marriage because they went to Kentucky to evade Indiana's marriage laws; Davis was underage at the time and didn't have her mother's consent. Because the marriage was entered into under false pretenses, it's void in Indiana, so the trial court didn't err in denying Davis' motion to dismiss, wrote the judge.

The appellate court also upheld the trial court denial of Davis' motion to dismiss based on venue, admitting graphic testimony and photographs of the murders during her trial, the jury instruction detailing Indiana's marriage laws, and the use of the presentence investigation report at her sentence hearing.

The Indiana Court of Appeals found her aggregate sentence of six years executed was not excessive.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.