A short recap of Dan Brewington’s Case since January 17, 2013 and links to Professor Volokh’s Brief.

A recap: The Indiana Court of Appeals ruled in Dan’s case on January 17, 2013. They vacated the 2 misdemeanors, Intimidating child custody evaluator Edward Connor and Intimidating Heidi Humphrey. They upheld the 3 felonies, Intimidating Judge James D. Humphrey, Attempted Obstruction of Justice in a Divorce Case, based on Dan’s letters and blog posts to Edward Connor, and Perjury. So this decision didn’t alter Dan’s time in jail because the felonies remained intact. Prosecutor, F. Aaron Negangard was quoted on the decision, “The Court of Appeals has affirmed the decisions of the trial court. The only part that was reversed is of no significance since the sentence has been upheld. It involves some complexities that are unique to Indiana… …This is a victory for justice and our criminal justice system”.

Brewington decided to move to the next step which is filing a brief to Petition to Transfer to the Indiana Supreme Court. Michael K. Sutherlin and Sam Adams filed Dan’s brief on Thursday, February 14, 2013. UCLA Law Professor,Eugene Volokh, a well known and respected First Amendment, Free Speech expert, read about Dan Brewington’s case and wanted to help. He filed an Amicus brief, in support of Dan’s Petition to Transfer to the Indiana Supreme Court, February 15, 2013. He had a lot of sponsors that signed on to this brief. A list of supporters has been posted. (http://www.danbrewington.blogspot.com/2013/02/dan-brewington-receives-impressive-help.html)

Below are the links to Professor Volokh’s Amicus brief. He posted in three sections.

1. http://www.volokh.com/2013/02/15/harshly-criticizing-judges-or-others-for-their-past- conduct-crime/

2. http://www.volokh.com/2013/02/15/state-v-brewington-and-the-blackmail-analogy/

3. http://www.volokh.com/2013/02/15/state-v-brewington-and-figurative-speech/

The following entry appeared on the Indiana Law Blog, February 19, 2013.

The Indiana Law Blog

Tuesday, February 19, 2013

Ind. Decisions - More on: Petition to transfer filed in Brewington, along with amicus brief with many signatories

Updating this ILB entry from yesterday, those following the Brewington case may be interested in Dan Brewington's blog.

Among other things, it includes a link to Brewington's petition to transfer.

Posted by Marcia Oddi on February 19, 2013 12:48 PM
Posted to Ind. App.Ct. Decisions