ILNews

SCOTUS set to start term

Michael W. Hoskins
January 1, 2008
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Next week will be a big one for Indiana in the Supreme Court of the United States.

The nation's highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana's voter identification law, and another state's case that has Hoosier interest on the constitutionality of lethal injections.

On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, which challenge the state's two-year-old voter photo ID law that has been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals. The cases are the first scheduled that morning, which begin at 10 a.m. Arguments are expected to last about an hour.

On Monday, the SCOTUS' second case of the morning will be a Kentucky case questioning the state's use of lethal injection, and whether a three-chemical concoction used is considered "cruel and unusual punishment" in violation of the Eighth Amendment. That case is Baze v. Rees, No. 07-5439, and takes on an issue that has been raised frequently by Indiana death row inmates, including three in the past year who are now all dead.

Those inmates had filed federal suits challenging the state's lethal injection method, making similar cruel and unusual punishment claims. Their petitions challenged how Indiana executes death row inmates, with claims that they'd be fully conscious and in agonizing pain for the duration of the execution process. They argued that state inmates who've been executed have repeatedly failed to receive adequate anesthesia and have remained conscious during the administration of lethal drugs. Other states have halted executions to review this method.

But the suits never gained steam in District Court and are now moot on the grounds that all three are dead. David Leon Woods and Michael Lambert were executed by lethal injection last year; the third, Norman Timberlake, died from natural causes in his Michigan City cell in November while still on death row.

Aside from those cases, justices also will consider issues during the week that involve immigration and deportation, employment age discrimination, taxes and nontradable return of capital, and whether a defendant's lawyer can waive the right to a federal judge presiding over jury selection without consulting that client. While the court doesn't hold arguments Thursday or Friday, justices will meet Friday in private conference and could decide when to schedule arguments in another Indiana case it's accepted.

That case is Indiana v. Ahmad Edwards, No. 07-208, which asks whether the Sixth Amendment grants someone found competent to stand trial the right to represent himself in a criminal proceeding. In early December, the court agreed to hear that case and it has tentatively set arguments for March, though a docket date hasn't yet been set.

The Supreme Court's arguments are not televised or broadcast live, but coverage of can be found online on the Indiana Lawyer Web site at www.theindianalawyer.com, as well as in the Indiana Lawyer Daily and print editions of the newspaper.
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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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