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Justices split in granting transfer

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The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.

The justices were split 3-2 in favor of denying transfer in the case Robert R. Gregory v. State of Indiana, No. 15A01-0708-CR-348. Justice Robert Rucker dissented, and Justice Brent Dickson concurred with him, finding certain tactics used by the prosecutor during jury selection were improper and amounted to misconduct.

Robert Gregory was convicted of manufacturing methamphetamine and conspiracy to manufacture methamphetamine. Gregory appealed his convictions on four claims, including whether the prosecutor committed misconduct by reading a poem during voir dire about the dangers of methamphetamine. The Indiana Court of Appeals affirmed Gregory's manufacturing conviction, but ordered his conspiracy conviction to be vacated on double jeopardy grounds. The appellate court ruled the prosecutor didn't commit misconduct by reading the poem.

Justice Rucker wrote that although Gregory did not raise the misconduct issue in his transfer petition, the matter is sufficiently important to warrant the Supreme Court's attention. Justice Rucker agreed with Court of Appeals Judge James Kirsch's dissent that the trial court abused its discretion in allowing the reading.

Referencing Perryman v. State, 830 N.E.2d 1005 (Ind. Ct. App. 2005), in which the court reversed a defendant's drug conviction because of improper voir dire tactics, Justice Rucker wrote, "I see little daylight between the prosecutor's conduct in Perryman and the prosecutor's conduct here. Although I agree that in this case the defendant is not entitled to a new trial, the conduct exhibited by the prosecutor nonetheless should be disapproved."

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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