ILNews

High court vacates transfer order

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The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.

The justices, who took the case Kevin Taylor v. State of Indiana, No. 20S04-1009-PC-477, in September, vacated their order granting transfer after further review, including oral arguments. They reinstated the Indiana Court of Appeals decision in a Nov. 5 order posted online this week. Chief Justice Randall T. Shepard wanted the Supreme Court to keep jurisdiction over the case.

The lower appellate court held that Taylor met his burden of showing the post-conviction court erred by ruling his counsel hadn’t performed deficiently. Taylor argued his attorney was ineffective for not objecting to the final instructions, which didn’t instruct on the elements of robbery. He was convicted of felony murder during a robbery.

The Court of Appeals split on whether Taylor was prejudiced by his attorney’s performance. The majority remanded for a new trial.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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