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Supreme Court takes 4 cases

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The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.

The Indiana Court of Appeals found in Noe Romo v. State of Indiana, No. 49S04-1009-CR-499, a third example of when transcripts “may” be necessary – when an audio recording isn’t the best evidence of a conversation because it features a language that a jury can’t understand.

Romo had challenged the admission of English transcripts of drug transactions he participated in with a confidential informant in Spanish. The appellate court found the state laid the proper foundation to establish the accuracy of the transcripts and that Romo wasn’t prejudiced by their admission.

The justices also granted transfer to Jeffrey L. Sloan v. State of Indiana, No. 18S04-1009-CR-502, in which the Court of Appeals decided that the statute of limitations on felony child molesting begins once the actions stop and the victim is no longer prevented from telling authorities. The issue had been litigated for more than 20 years and produced conflicting opinions on the matter. Because the judges found the statute of limitations had expired, preventing the state from filing charges because the victim – who said the molestation began in 1984 – didn’t report the abuse until 2007, long after the molestation had stopped.

The high court also took:

- Elmer D. Baker v. State of Indiana, No. 17S04-1009-CR-500, in which the lower appellate court affirmed Elmer Baker’s felony child molesting convictions. The Court of Appeals held the trial court didn’t violate Baker’s constitutional protection against ex post facto laws in granting the state’s motion to amend the charging information, the trial court didn’t commit fundamental error by giving certain jury instructions, nor did it abuse its discretion in denying his motion to correct error on the issue of unanimity of the jury verdict. They also held he wasn’t denied effective assistance of counsel. The Court of Appeals affirmed their original opinion on rehearing.

- Clifton Mauricio v. State of Indiana, No. 02S03-1009-PC-501, in which the Court of Appeals affirmed the denial of Clifton Mauricio’s petition for post-conviction relief in a not-for-publication opinion. They found he didn’t show he was prejudiced by the counsel’s alleged errors or that his sentence would have been different on remand.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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