Joseph J. Scott v. State of Indiana - 3/12/13

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Tuesday  March 12, 2013 
3:30 PM  EST

3:30 p.m. 45A04-1208-PC-420. Manchester University. Appellant Joseph Scott appeals from the denial of his petition for post-conviction relief.  After pleading guilty to Class B felony operating a vehicle with a BAC of 0.15 or greater causing death and Class B felony resisting law enforcement causing death, Scott received two fifteen-year sentences, which were to be served consecutively.  Scott argues that the consecutive nature of the sentences represents fundamental error and that his trial counsel was ineffective for failing to advise him that his consecutive sentences were illegal and for failing to perfect a direct appeal.  The State argues that Scott may not bring a freestanding claim of fundamental error in a post-conviction proceeding and that he received effective assistance of trial counsel. 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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