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Divided court affirms life without parole for 17-year-old who killed younger brother

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A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.

Justice Steven David wrote for the majority, affirming the Ohio Circuit Court sentence for Andrew Conley in the murder of Conner Conley.

“We hold that based on the age of Conley, the age of Conner, and the particularly heinous nature of the crime, a sentence of life without parole was appropriate,” David wrote for the majority that included Chief Justice Brent Dickson and Justice Mark Massa. “We hold that on the facts of this case, the sentence of life without parole is constitutional.”

“A seventeen-and-a-half-year-old caring for his ten-year-old brother murdered the defenseless child with his bare hands. After disposing of the body, Conley acted as if nothing was out of the ordinary,” David wrote. “He took steps to cover up the crime and hid his brother’s body in a park. The aggravating factor was clearly established and uncontroverted. The judge was within his discretion in weighing the mitigating factors in the manner in which he did.”

Justices Robert Rucker and Frank Sullivan Jr. dissented, saying they would have imposed a 65-year sentence, given Andrew Conley’s age and other mitigating factors.

“I do not believe the trial court manifestly abused its discretion in weighing aggravating and mitigating circumstances in this case. However, I do not agree Conley should have been sentenced to die in prison,” Rucker wrote.

Rucker’s dissent also points to research concluding that less than 6 percent of juveniles convicted in homicides receive sentences of life in prison without parole, and that the United States is the only country that doesn’t comply with the norm against imposing life without parole sentences on offenders under age 18. Indiana is one of 15 states allowing such sentences, Rucker wrote.

The dissent said the brutality of the crime wasn’t the only inquiry for the court, and noted Andrew Conley’s troubled upbringing and multiple attempted suicides. But he also had been a solid student with aspirations of going to college, no prior criminal record and a solid relationship with his family. Rucker also noted that the 17-year-old turned himself in the day after the killing.

“Conley was only seventeen at the time of this crime, and I find, as has the Supreme Court, that his age is relevant to the assessment of his character,” Rucker wrote. “It seems clear that Conley ‘was still a teenager with a developing brain and impulse control issues made worse by his mental illness.’”

Andrew Conley is only the fourth juvenile in Indiana to receive a sentence of life without parole.


 

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  • Failure
    Things like this happen because parents fail their children, a 17 year old has no business babysitting a 10 year old. Also the system fails, the police fail, the CPS fails the schools fail and the courts fail. The law, the police or the lists can't protect us from ourselves or from harm of others. We must protect our selves and to do that we must protect our constitutionl rights, especially the 2nd amendment, the right to bear arms!

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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