ILNews

SCOTUS rejects two Indiana cases

Back to TopE-mailPrintBookmark and Share

The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.

At its private conference on Friday, the nation’s highest court discussed and granted certiorari to six cases from across the country, but none from Indiana. A 16-page order list issued by the court today includes two Indiana cases – one prisoner habeas corpus request from the 7th Circuit Court of Appeals and one LaPorte County murder case that went as high as the Indiana Court of Appeals.

Justices denied the 7th Circuit case of Courtney C. Dixie v. Bill K. Wilson, Superintendent of the Indiana State Prison, No. 10-5846. The request filed in August stems from a May decision by a three-judge appellate panel that denied the man’s petition for habeas corpus and an application for a certificate of appealability, which found no substantial showing of constitutional rights violations. U.S. Judge Theresa Springmann in the Northern District of Indiana had denied his request for a certificate of appealability earlier in the year, after denying Dixie’s habeas corpus petition late last year in Dixie v. Wilson, No. 3:07-CV-31. This federal litigation stemmed from Dixie’s Allen County murder convictions and 95-year sentence that the state Supreme Court upheld 10 years ago.

A second case included on the SCOTUS order list is Jack Jervis v. Indiana, No. 10-5854, which arises out of the LaPorte Superior Court. In November 2009, the state’s second-highest appellate court upheld a trial court’s denial of post-conviction relief based on ineffective assistance claims relating to his 2001 murder conviction. The Indiana Supreme Court in April denied transfer, but the decision was 3-2 with Justices Frank Sullivan and Theodore Boehm voting to grant transfer. Attorneys filed a writ of certiorari with the SCOTUS in July, and the justices have now denied that request.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT