High court grants 3 transfers

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The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction relief, and the appointment of counsel for a mother involved in a termination proceeding.  

In James A. Carr v. State of Indiana, No. 25S04-1004-CR-219, James Carr appealed his murder conviction, which the Indiana Court of Appeals upheld. The appellate court held that Carr’s proceedings didn’t violate the speedy-trial provisions of Indiana Criminal Rule 4; Carr’s confession to law enforcement was not procured in violation of his Miranda rights; the trial court did not err by prohibiting cross-examination into Carr’s level of intoxication during his custodial interrogation; and the court did not err by refusing to instruct the jury on various lesser-included offenses.

In State of Indiana v. Craig Cooper,  No. 49S02-1004-PC-220, the appellate court affirmed the grant of Cooper’s request for post-conviction relief. He showed the requisite prejudice because he wouldn’t have pleaded guilty to the charged offense of operating a vehicle while an habitual traffic violator had he known there was no basis for that charge. He was prejudiced by the inadequate factual basis that was presented at the guilty plea hearing. Judge Margret Robb dissented because she didn’t believe Cooper demonstrated he was prejudiced by the error.

In Termination of parent-child relationship of I.B.; M.L. v. IDCS, No. 03S05-1004-JV-218, the Court of Appeals affirmed the denial of the motion to appoint counsel to appeal the termination of mother M.L.’s parental relationship with I.B. Mother failed to carry her burden as an indigent person to show the trial court she met the statutory requirements for the appointment of counsel. She didn’t even request the appellate counsel representation; her trial counsel did.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.