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Judges uphold murder conviction

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The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.

In Anthony Dorelle-Moore v. State of Indiana, No. 45A04-1109-CR-482, Anthony Dorelle-Moore claimed the trial court erred in refusing to grant a continuance, mistrial or motion to correct error due to prosecutor misconduct. Dorelle-Moore was charged with the murder of Isaiah Claxton. Claxton came to Dorelle-Moore’s home to buy marijuana. Dorelle-Moore believed that Claxton and two other men robbed his home several hours earlier. While Claxton was at Dorelle-Moore’s home, Dorelle-Moore shot him nine times, killing Claxton.

At trial, it came to light that a gun stolen from the burglary of Dorelle-Moore’s home had been recovered when Willie Lee James was arrested. James allegedly claimed to have gotten the gun from Bernard Hamilton, a man Dorelle-Moore believed also robbed his home. Dorelle-Moore tried to get James to testify, but he claims that the prosecution spoke with James and overtly or implicitly threatened that if he testified for Dorelle-Moore, he would be arrested.

“Here, assuming that the prosecutor’s reference to a warrant for James’s arrest effectively discouraged his testimony, Dorelle-Moore did not identify materially favorable testimony to be obtained from James,” wrote Judge L. Mark Bailey.

Dorelle-Moore shot Clayton with an eyewitness present, and several others saw Dorelle-Moore with a gun just after the shooting. The evidence of his guilt was overwhelming, so the suppression of James’ testimony wasn’t more than a harmless error, the court ruled.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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