SCOTUS hears Indiana case

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Indiana Lawyer Rehearing

Indiana Federal Community Defender Bill Marsh made his debut appearance before the nation’s highest court on Jan. 12, arguing an Indiana case that questions whether vehicular flight from police is considered “violent” and warrants a higher sentence under the Armed Career Criminal Act.

The case is Marcus Sykes v. U.S.A., No. 09-11311, and it comes from the Southern District of Indiana with the potential to impact many other pending cases inside and outside the state.

U.S. Judge Larry McKinney rejected Sykes’ argument that fleeing police in a vehicle wasn’t “violent,” and the judge applied an enhancement to reach a 188-month prison sentence. The 7th Circuit Court of Appeals ruling affirmed the enhancement decision in March 2010, finding that it is considered a “violent felony” as it had previously decided on other cases and was dictated by SCOTUS precedent.

Representing Sykes, Marsh is arguing that the ACCA-applied conviction for vehicular flight was inconsistent with the SCOTUS ruling in U.S. v. Chambers, 555 U.S. 129 S. Ct. 687 (2009), which held that failing to report for parole was separate and distinct from escaping from a penal institution, and therefore falls outside of the category of violent felonies listed in the ACCA. Marsh is relying on a distinction the court made in Chambers, that fleeing from police is a distinct category of flight under Indiana Code § 35-44-3.

Transcripts of the arguments show the justices expressed some hesitation in finding this offense falls under the ACCA use of “violent” felony. Justices questioned both sides about various types of police chases and whether the degree of a chase dictates whether it’s considered “violent,” and several of the jurists pointed to examples from Indiana cases and hypothetical scenarios.

Justice Antonin Scalia noted that he doesn’t think fast fleeing is such a violent activity, saying at one point to U.S. Assistant Solicitor General Jeffrey Wall: “Do words mean nothing? I mean, we’re talking about a violent felony. That’s what the federal law requires. And you want us to hold that failing to stop when a police officer tells you to stop is a violent felony. That seems to me a big leap.”

He wondered whether speeding might be considered a “violent felony” under this statute, and Justice Elena Kagan asked whether drag racing or running away on foot might meet that definition.

Chief Justice John Roberts also noted that a person’s simple “running away” isn’t aggressive, though it may be considered “purposeful” and could even be considered “violent” if it causes injury or death that isn’t intended.

“Certainly the other option is to turn and confront, and he doesn’t want to,” the chief justice said. “There’s nothing aggressive about running away. Those are the three words, ‘purposeful, violent, and aggressive.’ I’ll give you purposeful, I’ll give you violent, but aggressive?”

The SCOTUS is likely to rule on this case by the time its term ends this summer, but it could also delay a decision until after it hears McNeill v. U.S.A., No. 10-5258, a case that also involves ACCA.

Rehearing "Crime of violence?" IL Dec. 8-21, 2010


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.