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Granted transfers include hearsay case

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The Indiana Supreme Court has granted two transfers, including a case involving whether a warrant based on hearsay was supported by probable cause or fell under the good faith exception.

In George Jackson v. State of Indiana, No. 48A02-0711-CR-988, the Indiana Court of Appeals reversed George Jackson's conviction of unlawful possession of a firearm by a serious violent felon. The court found the affidavit used to grant the search warrant of Jackson's home wasn't supported by information that established the credibility of the informant or contained information that established the totality of the circumstances corroborates the hearsay.

Chief Judge John Baker dissented, writing the search warrant was supported by probable cause. Even though the detective's sworn testimony that led to the search warrant was based on hearsay, his testimony was sufficient to support issuing the search warrant, wrote the chief judge. Even if probable cause didn't exist, Chief Judge Baker believed the good faith exception applies.

In Scottie R. Adams v. State of Indiana, No. 71A03-0711-CR-526, Scottie Adams' convictions of voluntary manslaughter, carrying a handgun without a license, and the finding he is a habitual offender were affirmed by the appellate court. Because the evidence showed Adams may have acted under sudden heat when he shot the victim, the trial court properly instructed the jury on the offense of voluntary manslaughter. The Indiana Court of Appeals also concluded Adams failed to show that a witness' refusal to testify because he felt threatened had a prejudicial impact on the jury to the extent a mistrial was warranted.

Judge Patricia Riley dissented, finding the trial court should have granted Adams' motion for a mistral because the jury wasn't presented with evidence showing Adams was somehow responsible for causing the witness to fear testifying or establishing Adams wasn't connected to the witness' fears. Judge Riley wrote she would reverse Adams' convictions and habitual offender finding and allow the state to retry him.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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