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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. 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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