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Partially bifurcating trial prevented prejudice

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A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.

Billy Russell appealed his conviction for murder and Class B felony possession of a firearm by a serious violent felon. He appealed, in part, on the grounds that the trial court abused its discretion by partially – instead of fully – bifurcating his trial.

The Supreme Court affirmed the partial bifurcation in Billy Russell v. State of Indiana, 49S04-1311-CR-741.

During Russell’s trial, the court split his prosecution into two phases. In the first phase, the jury had to determine whether Russell committed murder and whether he unlawfully possessed a firearm. In the second phase, the jury was charged with deciding whether Russell committed felony possession of a firearm by a serious violent felon and whether he was a habitual offender.

The Supreme Court agreed with the Indiana Court of Appeals that asking the jury to decide whether Russell knowingly possessed a firearm at the same time it was asked to decide whether he committed murder was not prejudicial. The Supreme Court did not find it was prejudicial to instruct the jury on the non-existent offense of “unlawful possession of a firearm” because the jury considered whether Russell had “unlawfully” possessed a firearm and whether he was a SVF in two separate phases of the trial.

 


 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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