« Ind. Decisions - Will the Indiana Supreme Court End June With a Bang? A Look at Cases Argued in February or Earlier | Main | Environment - "No poultry at county fairs this year" Friday night poultry sales also banned »

Tuesday, June 16, 2015

Ind. Courts "Samuel Bradbury defense invokes recent SCOTUS ruling"

Updating earlier ILB posts, including one from July 23, 2014 headed "Man who threatened to bomb courthouse arraigned on federal charge"," Steven Porter reports today in the Lafayette Journal & Courier:

Bolstered by a recent ruling from the Supreme Court of the United States, federal defense attorneys representing a 23-year-old Pine Village man accused of making death threats on Facebook are asking a judge to again consider dismissing the charges brought against him.

Samuel Bradbury was arrested nearly one year ago after posting a violent anti-law enforcement rant online that allegedly threatened the lives of two specific police officers and two judges.

Ruling in an unrelated case, eight of nine Supreme Court justices agreed June 1 that the violent rap lyrics a Pennsylvania man posted on Facebook about his estranged wife could only be deemed criminal if they were intended as threats.

A lower court had entered a conviction after a jury determined that prosecutors met a lower burden, proving merely that a reasonable person would perceive the posts as threats.

Bradbury’s defense team responded Thursday with a brief arguing that the Supreme Court’s decision supports the argument they made in December, when they asked a judge to dismiss Bradbury’s charges.

Prosecutors responded immediately, arguing in a brief that the Supreme Court ruling has “no bearing” on this case because the statutes involved in each case are “materially different.”

The J&C links to this June 1st USAToday story by Richard Wolf.

Here is a list of ILB posts on the SCOTUS' June 1st decision in Elonis v. U.S.

Posted by Marcia Oddi on June 16, 2015 09:35 AM
Posted to Indiana Courts