Letters from jail

July 24, 2008
Back to TopCommentsE-mailPrintBookmark and Share
If there’s ample evidence you wrote threatening letters to the president of the United States and chief justice of Canada, and you happened to include a white, powdery substance that could be mistaken for anthrax, then don’t try to appeal your convictions.

One inmate in the Westville Correctional Facility, Kerry Magers, decided while he was incarcerated to send these letters using his name and the correctional facility’s address.

He was convicted based on the evidence, but he appealed. His attorney smartly moved to withdraw because he thought any appeal would be frivolous.

The 7th Circuit Court of Appeals granted the attorney’s motion today in USA v. Kerry Magers, finding all of Magers’ argument for appeal would be frivolous.

Kudos to Magers’ counsel for not attempting to file an appeal. I’ve read several opinions from the 7th Circuit in which the justices take attorneys to task for filing frivolous appeals.

Magers was found to be competent to stand trial, but there’s got to be something off about his way of thinking for him to send threatening letters stating, “enclosed is anthrax, Sincerely, Die,” and then to think that he could appeal his sentence when the evidence was overwhelming that he sent the letters.

Inmates have a lot of time on their hands, and they sometimes use it to write letters. Indiana Lawyer gets a few letters from inmates. Have you ever received a letter from an inmate and what’s the strangest letter you’ve received or heard about?

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Jaramieharness@gmail.com Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit