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Thursday, April 17, 2014

Ind. Decisions - More on the Elkhart Four appeals

Yesterday, after posting about an unsuccessful St. Joseph County trial court challenge to a felony-murder charge, the ILB added, about another felony-murder case, now on appeal:

Here is an Oct. 9, 2013 ILB post on the "Elkhart Four" case.

Here is the docket of the appeal of two of the Elkhart defendants (Blake Layman and Levi Sparks) to the Court of Appeals.

Several amicus briefs have been filed in support of these two appellants. Here is one of the amicus briefs, this one submitted by the Indiana Public Defender Council. Notice footnote 1 on p. 3, which begins:

Although this Court cannot overrule an Indiana Supreme Court case, it can — and appropriately has — expressed its respectful disagreement and urged the Indiana Supreme Court to reconsider precedent.
The appeals of two of the "Elkhart Four" have been consolidated into this appeal. The third defendant who was tried (one of the four entered into a plea), Anthony Sharp, is appealing separately. Here is the docket in the Sharp appeal.

The ILB now has obtained a copy of the State of Indiana's 61-page brief in Layman/Sparks.

In addition, the ILB has obtained a copy of the amicus brief prepared for the Juvenile Law Center by Marsha Levick, who is now the attorney of record for the JLC.

Finally, for now, the ILB has obtained a copy of the brief of Appellant/Defendant Blake Layman. I'm told the Layman reply to the State's brief will be filed shortly.

The ILB has not yet obtained a copy of the brief of the second defendant in this appeal, Levi Sparks.

Posted by Marcia Oddi on April 17, 2014 09:55 AM
Posted to Ind. Trial Ct. Decisions