Victoria
446 posts

Victoria
@VBC_Indy
Wife, Cat Mom, Legal Director - Indiana Innocence Project. Opinions and coarse language are mine...all mine!
Indianapolis, IN Katılım Şubat 2009
202 Takip Edilen45 Takipçiler

Our Supreme Court continues to tweak double jeopardy law in Indiana. This is a long opinion from a 3-2 decision. I hope to summarize it next week. It might take me a little longer to figure out where we've been, where we are now, and where we have to go in this area of law.
Indiana Courts@incourts
Opinion handed down in Marvin Moyers v. State of Indiana public.courts.in.gov/Decisions/api/…
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@Kevin_J_Murphy @ElliotSlosar Congratulations to your entire team and, even more so, to Mr. Dillard!
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Reggie Dillard is FREE and Elkhart County’s most recent exoneree!! It was a perfect day celebrating this man and his freedom (aside from missing @ElliotSlosar, whose years of work led to this moment)


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@Wienekelo This is the right way to do it if everything in the Addendum is confidential. The Notice of Exclusion IS considered the public access version. See Ind. Appellate Rule 23(F)(3)(b)(i)(c).
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What's odd is that there is no accompanying public version of the addendum, which would likely include the table of contents and then "placeholder" pages for each page of the confidential version. That IS unusual.
Also, we don't file addendums a lot because they usually aren't necessary. The judges all have links directly to the appendices alongside our brief. So an addendum isn't usually needed. And they are generally a lot of work.
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I’m trying not to panic here…but @IUHabeas has never seen this particular entry on an appellate docket.
He’s inquiring with @Wienekelo.

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@Wienekelo That's fair. I'm interested to know if the COA would grant a motion to withdraw that included a citation to Anderson. They've put us in a box with no direction on how to ethically handle this issue.
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@VBC_Indy When I have asked this question of other attorneys, they usually say that under those rules we are permitted to file meritless briefs, essentially, in criminal law. But I don't know that I agree with well-established precedent.
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The Indiana Supreme Court issued an opinion recently on sentencing appeal waivers in plea agreements, making crystal clear that if a defendant is sentenced within the terms of a plea agreement that contains a broad appeal waiver, the defendant cannot appeal.
But here's the problem we have now: how do we interpret this opinion in light of Mosley v. State, which requires appointed appellate counsel to file an advocative brief?
wienekelaw.com/blog/indiana-s…
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This official picture was taken as DC residents shouted 'couchf*cker' at him.
x.com/ArthurDelaneyH…
Vice President JD Vance@VP
Make DC Safe Again 🇺🇸
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Victoria retweetledi

Layla Santanello Missing from Kingsport Tennessee, Last seen June 26th 2023. NCIC: M357440251
I will be going over this case
#MissingTennessee #MissingPerson #truecrimecommunity #UnsolvedCases
youtube.com/live/9lOHbmqDe…

YouTube
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Victoria retweetledi

Terry's Cousin joined me unexpectedly
Please listen to this tragic story no media will help, police dragging their heels. @CoffindafferFBI @NancyGrace @BrianEntin #bringterryhome #Truecrime
I'll_Be_Frank@Ill_Be_Frank91
Missing Terry Bass, Age 41, Troy New York I will be going over this case later today please set your reminders #MissingPersonsUSA #truecrimecommunity #TrueCrime #MissingPersonNewYork youtube.com/live/-qmpezz8_…
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Please watch if you can. Terry's family misses her desperately.
youtube.com/live/-qmpezz8_…

YouTube
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@Ill_Be_Frank91 What I would say is I don't know if the judge's statements were technically covered by the gag order. But even if they weren't, they dealt with th jury and the lawyers shouldn't have shared them outside the legal team. Motta, having heard them, should have kept his mouth shut.
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@VBC_Indy You'll notice people don't actually address the issue just defend Bobert as a person despite him being a dirt bag that literally has a history of stealing from clients
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@DefenseDiaries caught leaking information from the court house he wasn't privileged to! #CocaineBob #BobMotta #RichardAllen

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@gtconway3d @realDonaldTrump There's a lot going on in that sentence.
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One thing we’ve gotta give @realDonaldTrump credit for is that he’d never use an autopen to draw pubic hair
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@Wienekelo I hate it too. I get that the Court thinks it is important, but there's an icky feel of spoon-feeding that makes me a little resentful.
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Not gonna lie...I hate writing the Summary of the Argument. It feels like I'm just repeating myself. Do I make it short and sweet, or long and detailed?
When helpful, I let Grok write my summary. I'm struggling with a good prompt to do that, though. Usually I try this: "Pretend you are an appellate lawyer and write a summary of the argument for my brief, but don't cite to case law."
Any suggestions on how to make it better? Or maybe that's good enough?
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@rickygervais I'm very sorry to hear about Anti. I loved AfterLife so much. I think it is the best visual representation of the complexities of grief that I've ever seen. And she was lovely in it.
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@FrDylanSchrader Thank you for sharing this! I really enjoyed seeing all these memories.
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@BellaBennieEnzo @LawyerYouKnow Under Indiana Jury Rule 20(a)(8) "jurors, including alternates, are permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, as long as they reserve judgment about the outcome of the case until deliberations commence..."
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@LawyerYouKnow I've never heard of jurors being allowed to discuss the case among themselves before deliberation. Could this cause a problem later on in the appeals process?
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Interesting, but I don’t find it surprising since they have been allowed to discuss the case amongst themselves the entire time.
Alotta lawyers and lay people making major sacrifices to shine a light on the process. Salute.
Defense Diaries@defense_diaries
#RichardAllenTrial Update The jury has just requested to be released for the day. 40 minutes early. They will reconvene at 9:00 a.m. That’s your Coffee Talk subject, talk amongst yourselves.
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