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Justice's first ruling affirms murder convictions, life sentence

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Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.

The unanimous 10-page ruling came today in Anthony D. Delarosa v. State of Indiana, No. 29S00-0911-CR-531, which stems from the April 2007 murders of Rebecca Payne and her boyfriend, George Benner, in her home in Home Place. Evidence at trial established that Delarosa from Zionsville was connected to Payne’s estranged husband, who had coordinated the shooting.

A jury found Delarosa guilty of two counts of murder and one conspiracy count. Delarosa left his penalty in the hands of Hamilton Superior Judge Steven Nation when waiving his right to a jury trial for sentencing. The judge imposed a life without parole sentence for the murder convictions and a consecutive 50-year sentence on the conspiracy conviction.

On direct appeal of the three counts, Delarosa argued the trial court erred in admitting certain statements he contended were hearsay, that the evidence was insufficient to sustain the convictions, and that the state committed prosecutorial misconduct in closing arguments about what Delarosa had said.

The Supreme Court heard arguments in May, about two weeks before Justice Theodore R. Boehm announced he’d be stepping down. Justice David succeeded him in October, and this is his first published ruling as a state justice.

Going through each of the appellate issues raised, Judge David wrote that the trial judge didn’t err and used specific caselaw on point for each issue. He wrote that the state’s evidence bolstered their case and that even the claimed error about admitting testimony didn’t make a fair trial impossible and doesn’t rise to the level of fundamental error. The record shows the evidence was sufficient to convict him on the two murders. Delarosa failed to preserve the prosecutorial misconduct claim, but even if he had the record doesn’t reveal he’d be entitled to any relief, Justice David wrote.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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