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SCOTUS doesn't take any Indiana cases

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The Supreme Court of the United States has declined to take several Indiana cases, including a criminal appeal about whether a stun belt restraint on a defendant during trial and sentencing is prejudicial.

At the start of its new term Monday, the SCOTUS released an 89-page order list of cases it considered. A final decision wasn’t made on all cases presented, but the court’s docket and order list shows the justices did deny six certiorari requests from Indiana.

Those denials include: James Guyton v. U.S., No. 10-10266, a crack cocaine sentencing case from the Northern District of Indiana; and Herbert Seay v. Bridget Foy, et al., a prison conditions case from the Southern District of Indiana.

The justices also denied John M. Stephenson v. Bill Wilson, No. 09-2924, involving a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial, leading to a wrongful conviction. The federal case follows Stephenson’s jury conviction and death sentence in 1997 on three murders. U.S. Judge Theresa Springmann in 2009 threw out his death sentence and ordered a new trial on the stun belt claim during the penalty phase, but the 7th Circuit in 2010 remanded and asked her to reconsider her ruling that hadn’t addressed other legal issues. Although Stephenson is currently entitled to a new trial, his attorneys in March asked the SCOTUS to consider the stun belt issue.

Other cases the court declined:

• Shirley Jablonski and Jeff Sagarin v.City of Bloomington, No. 10-1520, which arises from an Aug. 20, 2010, ruling from the Indiana Court of Appeals involving inverse condemnation. One issue in that complex case was the appellate court’s analysis of and disagreement with the city’s claim that a property easement was established by prescription or common law dedication, finding Bloomington did not establish a prescriptive easement based on the public’s use of a pathway.

• John Felder v. Indiana, No. 11-5216, which stems from a July 2010 ruling by the Indiana Court of Appeals affirming a judgment in favor of the state and several Indiana Department of Correction employees relating to John Felder's incarceration at Pendleton Correctional Facility and how officials were allegedly negligent in collecting urine samples for drug testing.

• Antoine McSwaine v. Indiana, No. 10-11046, from the Indiana Supreme Court’s decision in March not to grant transfer on an appeal the state’s intermediate appellate court had dismissed in November 2010 on grounds that it appeared to be a successive post-conviction relief request not allowed.

Later this week, the SCOTUS is expected to consider several writs of certiorari. Among them is Clarence K. Carter v. Chief Justice and Justices of the Indiana Supreme Court of Indiana, et al., No . 11-5684, a case involving a man who sued the state’s Board of Law Examiners because he wants to take the bar exam without going to law school. Judge Tanya Walton Pratt in Indianapolis dismissed the case with prejudice earlier this year for failure to state a claim warranting relief.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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