The Indiana Supreme Court has granted Brewington’s Motion
for Extended Oral Argument. The usual time allotment is 20 minutes for each
side, with this order both sides now have 30 minutes. The oral argument will be held September 12,
2013, at 9:00 a.m. in the Courtroom of the Indiana Supreme Court, 317
Statehouse, 200 W. Washington Street, Indianapolis, Indiana. The argument can
be seen live, on-line.
Some of Brewington’s points in the Motion:
·
“…The argument in this matter will address
whether to grant Brewington’s petition to transfer as well as the merits of
Brewington’s claims of error.”
·
“Brewington’s Petition raises issues regarding protections
under the First Amendment to the U.S. Constitution and Article I 9 of the Indiana Constitution, as well as
issues of prosecutorial misconduct at grand jury proceedings.” (Dearborn County
Prosecutor F. Aaron Negangard)
·
“This Court must conduct a more thorough review
of the evidence than is normally required in criminal appeals: When a case
raises a First Amendment issue, “an appellate court has an obligation to ‘make
an independent examination of the whole record’ in order to make sure that ‘the
judgment does not constitute a forbidden intrusion on the field of free
expression.’”… The Court will therefore need to conduct a close review of the
evidence presented at trial, and may wish to ask questions concerning the
record as well as the legal issues raised in Appellant’s Petition.”
·
“Earlier this year, after briefing on the
Petition to Transfer was complete, the (Indiana) General Assembly amended the
intimidation statute to increase its scope.” (Senate Enrolled Act No. 361) The
addition to the intimidation statute can be located at http://danbrewington.blogspot.com/2013/06/the-following-is-letter-that-is-being.html
“These amendments, which go into effect
on July 1, 2013, increase the penalties for certain types of communication, and
broaden the scope of conduct which gives rise to criminal liability. The
intimidation statute has become more restrictive of speech.”
To view The Motion for Extended Oral Argument and the
Indiana Supreme Court’s Order
http://www.dadsfamilycourtexperience.com/Appellant%27s%20Motion%20for%20Extended%20Oral%20Argument.pdf Appellant Motion for Extended Time
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