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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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