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Supreme Court grants 2 transfers

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The Indiana Supreme Court granted transfer Thursday to an ineffective assistance of trial counsel case and a case involving the testimony at trial of a previous victim of a defendant.

In John D. Farris v. State of Indiana, No. 02A03-0805-PC-245, John Farris claimed he received ineffective assistance from his trial counsel during his murder trial. Before his murder trial, he was found guilty of robbery and found to be a habitual offender. His robbery sentence was enhanced based on the habitual-offender status. His murder and aggravated battery sentence also was enhanced because he was again found to be a habitual offender.

The majority in the Indiana Court of Appeals' case ruled Farris hadn't show his trial counsel's failure to move to dismiss a second habitual-offender enhancement fell below an objective standard of reasonableness and affirmed the denial of his petition for post-conviction relief. The appellate panel questioned whether the holding in Seay v. State, 550 N.E.2d 1284, 1288 (Ind. 1990), which prohibited stacking habitual-offender enhancements, applied to the facts of Farris' case.

Judge Carr Darden dissented, believing if Farris' trial counsel had moved to dismiss the habitual-offender allegation filed with the murder and battery charges, Seay would have mandated the motion be granted.

In Otho L. Lafayette v. State of Indiana, No. 45A03-0803-CR-118, the Court of Appeals reversed Ortho Lafayette's convictions of rape, criminal confinement, and felony intimidation, as well as his repeat sexual-offender status after determining the trial court committed reversible error by admitting the testimony of a woman he previously attempted to rape in 1997. The appellate judges disagreed as to whether Lafayette put his intent at issue during trial by attempting to show his victim consented to sex with him. He was charged with raping C.E., a woman he met at a gas station; at trial, E.C., who Lafayette was convicted of attempting to rape years earlier, testified pursuant to Indiana Evidence Rule 404(b). The majority ruled E.C.'s testimony shouldn't have been admitted to show Lafayette's intent with C.E. They reversed and remanded for a new trial.

Judge Nancy Vaidik dissented because she believed Lafayette put his intent at issue during trial and the evidence of his previous attempted rape was relevant. She also believed E.C.'s testimony was admissible under Ind. Evid. Rule 402 because it revealed a nearly identical scenario in how Lafayette met both women and got them alone to attack them.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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