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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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  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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