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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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