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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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