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SCOTUS refuses to accept two Indiana cases

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The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.

An order list issued today by the Supreme Court of the United States listed dozens of cases that the justices considered in a private conference late last week. Two from Indiana were listed: the state criminal appeal of Charity E. Bailey v. Indiana, No. 10-74847, and a habeas corpus petition in Russell W. Roach v. Jeff Wrigley, Superintendent, New Castle Correctional Facility, No. 10-639.

The Bailey case stems from the November 2007 killing of TaJanay Bailey, later identified in court documents only as T.B. The child was a ward of the state Department of Child Services and had a history of neglect and placement in foster care homes when she was temporarily returned to her mother. In less than three months she was fatally beaten to death by her mother’s live-in boyfriend. He pled guilty and received a 65-year sentence. Marion Superior Judge Kurt Eisgruber in May 2009 sentenced Charity Bailey to 35 years on a plea agreement for felony neglect of a dependent resulting in death and three felony counts of neglect of a dependent.

The Indiana Court of Appeals affirmed that judgment in March 2010, writing that the record reflected that “Bailey is a self-absorbed and self-focused individual, and we cannot say that the 35-year sentence, which was an enhancement of only five years above the advisory sentence for a class A felony, was inappropriate.”

 She asked the Indiana Supreme Court to weigh in, but in June the justices denied transfer. In November, Bailey filed a writ of certiorari with the SCOTUS. The Indiana Attorney General’s Office waived its right to respond, and the justices ultimately rejected Bailey’s petition on Friday.

Bailey is currently in the Indiana Women’s Prison and is eligible for release in March 2025, according to the state Department of Corrections offender database online.

The SCOTUS also declined to hear the Roach appeal.

Last year, the 7th Circuit Court of Appeals upheld a habeas corpus petition denial by U.S. Chief Judge Richard L. Young in the Southern District of Indiana. Roach was convicted of murder in 1995 and the state courts have since upheld his sentences and denied any post-conviction relief. This paved the way for Roach’s federal claim alleging ineffective assistance of counsel at trial and on appeal, evidence insufficiency on his intent to kill, evidence and witness inadequacies at trial, and the lack of appellate review.

In December 2009, Chief Judge Young ordered that Roach wasn’t entitled to any relief, and the 7th Circuit upheld that decision in July by denying a request for a certificate of appealability. He filed a writ of certiorari in November and the state waived its right to respond before the SCOTUS denied the case on Friday.

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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