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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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