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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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