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Lake County murder conviction affirmed

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A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.

Robert Lawrence Albores Jr. was charged with murder and criminal gang activity for the shooting death of Michael Miranda. The two were in rival street gangs. The state claimed Albores shot Miranda in retaliation for his cousin’s death in 2008; Albores argued he shot Miranda out of fear for his life. The jury was instructed on self-defense and the lesser include offense of reckless homicide. Albores was convicted only of murder.

In Robert Lawrence Albores, Jr. v. State of Indiana, 45A03-1207-CR-327, Albores argued his jury instruction should have been given and that it was based on an identical instruction that was rejected by a trial court in another case, an action later found by the Court of Appeals to be an abuse of discretion.

But the judges must also look at the jury instructions given at Albores’ trial, and they found that the information in the proposed instruction was covered in other instructions. The jury was properly instructed to presume the defendant innocent and demand that the state produce strong and persuasive evidence of guilt wholly at odds with innocence, Chief Judge Margret Robb wrote.

“The rejected instruction was covered in substance by these instructions, and thus the trial court did not abuse its discretion,” she wrote.  

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. 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?

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