• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I am looking for SENIOR JUDGE

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Shay-Pari'e

Senior Member
No that is not the reason. My 12 year old step-sister was allowed to be there but of course she was the victims daughter not the defendants. Besides that they (the court) knew that I was imancepated at that time.

Your step sister was the victims daughter? What does you being emancipated have to do with anything?

Gawd, you and this thread are getting insane.
 


Bretagne

Member
I can't find the citation for the case that you provided. I looked up 533 N.E.2d 1240, and it's not this case. Will you please check the cite or provide the case caption?
 

justalayman

Senior Member
So, was there a jury or did I miss where you stated?

You never did explain that since your mothers records record it as a murder conviction yet you claim she was convicted of conspriacy only, how do you know what she was convicted of?

It wasn't untill I got older that I realized that I was escourted out becaused I could have discredited the States entire case. Because it was a pre-determined conviction, they could not allow me to sit in because I would have defended my Mother.
Being inthe courtroom would not have changed anything. You don't get to testify from the gallery.

a confession, especially one presented by a jailhouse stoolie, is not enough to convict by itself. There has to be other tangible evidence that supports that confession. I presume your mother did deny the confessiion when she was on the stand. corrrect?

and as bretagne asked, how about a correct citation
 

mom in jail

Junior Member
Citation

According to the North Eastern Reporter, it says to cite this case as 533 N.E.2d 1238 (Ind. 1989) As for as her denying the confession; the Defense Attorney would not let her testify. She trusted her attorney. She had never even had a traffic ticket, so she knew nothing of the law or her rights. After the trial, the court assigned a pauper lawyer to handle her appeal, which she knew nothing about. She found out 2 months after the appeal was denied and had never even met the appellate lawyer.

I realize that you cannot testify from the gallery, but the attorney could have put me on the witness list. My mother begged the lawyer to call other witness's but like I said she trusted him to defend her to the best of his ability, and that was his call.

Yes there was a jury, one of which waited till the end of the trial to let the Judge know that they knew one of the State's witness's. They were removed from deliberation.
 
Last edited:

mom in jail

Junior Member
Once again

The citation is.... 533 N.E.2d 1238 (Ind. 1989)

Seems that I typed 1240. That was my error. Sorry for the mis-information:eek:
 
Last edited:

Bretagne

Member
I've now reviewed the appellate decision. OK, so one important fact is that there were TWO jailhouse snitches, not just one.

It's not clear from the appellate order who else testified against your mom. Did she testify in her own defense? From whom did the facts of the case come from? Did her ex-lover testify against her?

The court here found four aggravating factors warranting a 50 year prison sentence.
(1) prior attempts to murder,
(2) an elaborate plan to murder existed,
(3) the co-defendant lay in wait to commit the murder, and
(4) the victim was your mother's husband.

I've never heard of a co-defendant's "lying in wait" used as an aggravating factor. Perhaps that's valid due to the "conspiracy"? Any opinions out there?

I'm not saying that the court was right, or you are right, or anything else. Who knows what the "truth" is. The fact of the matter is that your mom has pretty much exhausted her legal options here, so she will sit in prison until paroled. And she won't be a good candidate for parole if she maintains her innocence and doesn't show remorse.
 

mom in jail

Junior Member
Thank You.

I guess seeing the actual case in print helped to answer some questions.
To answer what I can...
No the co-defendant DID NOT testify against her. His attorney had the case severed. She was not allowed to testify in her own defense, the attorney advised against it. Maybe he was afraid that she would have convinced the jury of her innocence.
Her court appointed attorney was pulled off a capitol case to defend her as a pauper case, which meant he stood to lose a lot of money.

Here are some other issues that have since seemed to be a problem.
One of the informants has had their record abolished. I can't seem to find her case anywhere. (Must have been the perk in exchange for her testimony) The other one, I did locate, but my Mother is afraid that if I contact her, she will tell some lies on ME and get me into trouble. One of the State's witness's has recanted his testimony. He said he testified against her in the pursuit of justice. Now he attends her clemency hearings every year in her behalf, in the pursuit of justice.

You just read the appellate decision, I have read and re-read thousands of transcripts pages. There was alot of wrong doing during her trial.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top