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Judges uphold sexually violent predator status

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The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.

In Keiyun L. Mays v. State of Indiana, 45A04-1205-CR-287, Keiyun Mays was sentenced to 15 years in prison for Class B felony criminal confinement and found to be a SVP. Mays attacked his ex-girlfriend’s sister in the middle of the night with a tire iron and stabbed her several times. He argued on appeal that the trial court abused its discretion in sentencing him, the state produced insufficient evidence to sustain the SVP finding, and the SVP interview process violated his right against self-incrimination as to constitute fundamental error.

The Court of Appeals rejected all of Mays’ arguments.

Mays was charged with several crimes, including rape, for which he was not convicted. He argued the trial court considered his rape charge based on the court’s sentencing order, which erroneously indicated the jury found him guilty of rape. But that is just a scrivener’s error and the order issued by the court at the end of the trial clearly shows the jury did not convict him of rape.

The judges declined to reweigh the evidence regarding whether the state produced sufficient evidence to sustain the SVP finding, and found the trial court did not commit fundamental error by admitting statements Mays made to two court-appointed psychiatrists who examined Mays to determine whether he was an SVP. Mays told one doctor he intended to rape D.K. and told another doctor his motive for his crime was sexual. He did not object to the admittance of these statements during the SVP evaluation process.

“… the SVP procedure here was a post-conviction evaluation that did not produce any admissions that contributed to any criminal convictions, only, in this case, to the determination of Mays’s SVP status,” Judge Cale Bradford wrote. “…Mays was informed prior to trial that he had the right to remain silent and that anything he said could be used against him.”

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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