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Thursday, November 23, 2006
Ind. Decisions - "Case of slain girl sent back to judge"
Jon Murray of the Indianapolis Star reports today on yesterday's Supreme Court ruling in Jeffrey Voss v. State - see ILB summary here. Some quotes:
An Indiana Supreme Court ruling Wednesday could kick-start the death-penalty case against the man accused of killing 12-year-old Christina Tedder.
Jeffrey Voss' case had stalled for 20 months after Marion County Prosecutor Carl Brizzi accused the judge of having a bias against the death penalty. Defense attorneys argued that Brizzi was simply shopping for a more favorable judge to handle the case.In its 5-0 ruling, the high court sent the case back to Marion Superior Court Judge Grant Hawkins so he could decide whether to recuse himself.
The court found prosecutors' motion for a new judge insufficient and said Hawkins was mistaken when he appointed a special judge to rule on the issue for him. * * *
In May 2005, Hendricks Circuit Judge Jeffrey Boles ordered the case reassigned randomly after Hawkins asked him to consider Brizzi's request. Voss' attorneys asked the higher court to review that decision.
Prosecutors cited rulings in which Hawkins found the death penalty unconstitutional, comments to the media and previous work as an attorney defending clients in death-penalty cases.
Hawkins said Wednesday that he likely will ask each side to present arguments before deciding whether to oversee the case.
Posted by Marcia Oddi on November 23, 2006 08:38 AM
Posted to Ind. Sup.Ct. Decisions