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Judges revise murder sentence

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The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.

In Michael J. Griffin v. State of Indiana, No. 53A05-1106-CR-288, Michael Griffin challenged his murder conviction and 55-year sentence for the stabbing death of Donald Belton. While at a Christmas party, the two were drinking and Belton allegedly sexually assault Griffin while he was intoxicated. Two days later, Griffin went to Belton’s house to confront him about the encounter and ended up stabbing Belton 21 times and sliced his throat.

Griffin asked the trial court to give a jury instruction on reckless homicide; it refused and only instructed the jury on voluntary manslaughter and murder.

Griffin argued on appeal that the state failed to negate the presence of sudden heat which, if found by the jury, would have reduced his murder conviction to voluntary manslaughter. But the evidence produced by the state negates Griffin’s claim that he was acting in sudden heat when he killed Belton, wrote Judge L. Mark Bailey.

He also argued that the jury could have found that he recklessly killed Belton but did not knowingly do so. The evidence shows that Griffin stabbed Belton 21 times and slashed his throat. He did not attempt to get help for Belton and fled from the scene. The nature of his conduct shows Griffin had to have some awareness his actions could result in Belton’s death, wrote the judge.

The appellate court decided to revise his sentence to 45 years given that the pervasive evidence is that the homicide was in response to a sexual assault, Griffin has no criminal history, and he received an honorable discharge and Purple Heart from the Marine Corps. They sent the case back to the trial court for resentencing.

 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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