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State's policy in court doesn't violate constitution

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The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals. The defendants argued their mental illnesses may stigmatize them in the eyes of a jury so they wanted bench trials instead of jury trials.

In the consolidated interlocutory appeal of Joshua Lewis, Nashelia Avant, and Marilyn Owens v. State of Indiana, No. 49A02-0808-CR-757, defendants Joshua Lewis, Nashelia Avant, and Marilyn Owens, all of whom had some form of mental illness, challenged the trial court's denial of their petitions to transfer their cases out of Marion Superior Court 8 on the grounds the state's refusal to waive jury trials in that court violated the federal and state constitutions.

Class D felony cases involving defendants with mental health problems or diagnoses are often transferred to Court 8. After a series of bench trials and acquittal of multiple defendants in June 2007, the state refused to waive jury trials for Class D felony cases in Court 8.

Lewis and the others argued the state's refusal to waive jury trials compromises defense counsel's effectiveness by preventing them from making a meaningful strategic decision regarding whether to pursue a jury or bench trial. They contended they are left with a similar "hard choice" as in U.S. v. Lewis, 638 F. Supp. 573, 578 (W.D. Mich. 1986). The appellate judges disagreed, finding the defendants' right to a bench trial isn't analogous to the Lewis defendants' right to religious freedom, wrote Judge Cale Bradford. As such, there was no violation of their Sixth Amendment rights.

The Court of Appeals also didn't agree with the argument that their mental illnesses and the social stigmas that go along with them would infect a jury pool, making a bench trial necessary. The defendants claimed their mental illnesses are a reason to allow them bench trials, like the reasons mentioned in Singer v. United States, 380 U.S. 24, 36 (1965). The U.S. Supreme Court in that case didn't decide when a circumstance may arise that would make it unlikely for an impartial trial by jury because the petitioner gave no reason for wanting to forgo the jury trial other than to save time.

"But without evidence demonstrating otherwise, we cannot assume that negative public perceptions of mental illness necessarily place a mentally-ill defendant at risk or compromise his right to a fair trial when members of the public stand in his judgment," Judge Bradford wrote. "Negative public scrutiny and social ostracism, while no doubt disadvantageous in the social context, are just as likely - and perhaps more likely - to arouse compassion for a criminal defendant."

The Court of Appeals also found the state's policy of refusing to waive jury trials for mentally ill defendants in Court 8 doesn't violate their rights under the Equal Protection Clause or the privileges and immunities clause of the Indiana Constitution. Although the state's alleged policy covers people charged with D felonies who all have some link to mental illness, there was nothing to show the state's policy related to their mental illness, wrote the judge.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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