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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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