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Justices take post-conviction relief case

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The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.

Justices agreed to grant transfer in State of Indiana v. Frank Greene, 49S02-1403-PC-172. Greene was granted post-conviction relief, affirmed by the Court of Appeals, on his argument of insufficient assistance of counsel because his attorney failed to cite Long v. State 743 N.E.2d 253 (Ind. 2001).

Long established that the elements of Class B felony confinement require that bodily injuries be caused by forcibly removing someone from one place to another. While Greene’s girlfriend sustained injuries for which he also was charged, convicted and sentenced, evidence didn’t directly support the confinement conviction as a Class B felony, the Court of Appeals ruled.

The case was the sole matter to which justices granted transfer for the week ending March 21. Supreme Court transfer dispositions may be viewed here.

 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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