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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. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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