ILNews

Supreme Court denies blogger’s petition for rehearing

IL Staff
August 5, 2014
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The Indiana Supreme Court will not reconsider its decision affirming Daniel Brewington’s intimidation convictions, which arose from inflammatory posts on a blog that threatened a judge.

The justices in May unanimously affirmed intimidation and obstruction of justice convictions in Daniel Brewington v. State of Indiana, 15S01-1405-CR-309. At the center of the case are posts on family court blogs in which Brewington took aim at Dearborn Circuit Judge James Humphrey, who presided in his custody case, Humphrey’s wife, and a psychologist who served as a custody evaluator in Brewington’s custody case. The posts for which Brewington was prosecuted included comments that Humphrey was a child abuser for stripping Brewington of custody, and that Humphrey was playing with fire and Brewington was “an accomplished pyromaniac.”

The case drew national attention for its First Amendment implications.

In June, Brewington pro se, sought rehearing by the justices and also wanted Justice Loretta Rush to disqualify herself. He based the request on a 1998 home invasion in which Rush and her husband had been victimized by a former ward of the state to whom Rush years earlier had been a guardian ad litem. Brewington questioned whether she could be impartial.

On July 31, Rush declined to disqualify herself from the case, to which the other justices concurred.

“Having carefully considered the Indiana Code of Judicial Conduct, including but not limited to Rules 1.1, 1.2, 2.4, and 2.11 and all the Judicial Canons in view of Appellant’s motion, I respectfully find no basis to recuse or disqualify myself from the Court’s further deliberations,” Rush wrote in the order.

The full court also denied Brewington’s petition for rehearing that same day. 

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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