ILNews

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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