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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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