Sunday, July 21, 2013

The Indiana Supreme Court has granted Brewington's Motion for Extended Oral Argument.

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  “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




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