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Justices take felony murder, child support cases

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The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.

The justices accepted Joey Addison v. State of Indiana, No. 49S05-1105-CR-267, in which Joey Addison, an African-American, claimed the trial court erred in denying his Batson challenges and erred in excluding evidence. Addison was found guilty but mentally ill of murder and sentenced to 45 years. The trial court had accepted the state’s race-neutral rationale for striking four African-Americans who were potential jurors. The Indiana Court of Appeals concluded the state’s proffered explanations were facially valid and there was no racially discriminatory intent inherent.

He also claimed the trial court should have admitted his sister’s prior deposition into evidence despite her refusal to travel from Georgia to testify at his trial. The Court of Appeals found the sister’s testimony created an issue of fact that the jury could have taken into account in arriving at its verdict, but it was a harmless error under the circumstances of the case.

In Amir H. Sanjari v. State of Indiana, No. 20S03-1105-CR-268, the Indiana Court of Appeals ruled that the double jeopardy prohibition had been violated by filing two charges of Class C felony nonsupport of a dependent child against Amir Sanjari related to his refusal to pay any support for his two children. The judges noted that the law says a person can be charged with a Class C felony if the total amount of unpaid child support is at least $15,000 and is owed for one or more children. Sanjari, who owed more than $17,000, argued that only one child support order had been issued and it included both children, so he shouldn’t have been charged or convicted twice.

The Court of Appeals vacated one of his convictions and affirmed the five-year sentence on the remaining charge. The appellate court also concluded Sanjari received enough notice and there wasn’t evidence that he couldn’t have attended a hearing.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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