Sixth Amendment

3-step test needed to balance rights

July 15, 2010
Jennifer Nelson
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court of Appeals concluded today on the matter of first impression.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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AG wants Melendez-Diaz overturned

November 4, 2009
Jennifer Nelson
The Indiana Attorney General's Office is joining several states in co-authoring an amicus brief asking the Supreme Court of the United States to modify or overturn its decision in Melendez-Diaz v. Massachusetts
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Court split on if lab tech must testify

September 25, 2009
Jennifer Nelson
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.
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State's policy in court doesn't violate constitution

August 12, 2009
Jennifer Nelson
The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
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COA adopts 'compromise approach' of theory

January 20, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
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SCOTUS: Lab techs must testify

January 1, 2009
Michael Hoskins
A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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