GUILTY IN - Skylea Carmack, 10, Gas City, Grant County, 31 Aug 2019 *stepmom arrested* *appeal filed 2022*

[Seattle1]

Here, if like in most states, every first-degree murder conviction gets an automatic appeal but the process can take a few years.

After the automatic appeal to the court of appeals, the defendant can ask the Supreme Court to review the case. This is not automatic and they (SC) decide if they want to review or not.

I just checked and it appears that in the state of Indiana, the Supreme Court is the court for mandatory (and exclusive jurisdiction) review:

Rule 4. Supreme Court Jurisdiction

A. Appellate Jurisdiction.

(1) Mandatory review. The Supreme Court shall have mandatory and exclusive jurisdiction over the following cases:

(a) Criminal Appeals in which a sentence of death or life imprisonment without parole is imposed under Ind.Code § 35-50-2-9 and Criminal Appeals in post conviction relief cases in which the sentence was death.

(b) Appeals of Final Judgments declaring a state or federal statute unconstitutional in whole or in part.

(c) Appeals involving waiver of parental consent to abortion under Rule 62.

(d) Appeals involving mandate of funds under Trial Rule 60.5(B) and Rule 61.

Indiana Rules of Appellate Procedure

 

[Seattle1]

@Seattle1 You're welcome.
I didn't realize the oral argument was yesterday but the recording is online at this link:

Indiana Appellate Clerk's Portal

Brilliant and thank you!

I just listened to Colorado's Patrick Frazee's oral argument last night which first goes to a state appellate court before the Supreme Court.

In this case, it seems the "automatic" (mandatory) appeal review is actually heard by the IN Supreme Court. Nonetheless, at least we know this is mandatory and not on merit.

Thanks again.

 

[Seattle1]

Amanda Dawn Carmack v. State of Indiana​

When:
THU, SEP 22, 2022 at 9:00 AM
Court:
Indiana Supreme Court
Panel:
J. Rush
J. Massa
J. Slaughter
J. Goff
J. Molter

Case No: 21S-LW-00471
Lower Case: 27C01-1909-MR-000008
County: Grant

Case Summary​

A jury found Carmack guilty of murder, neglect of a dependent resulting in death, domestic battery resulting in death to a person under 14 years of age, and strangulation. It also recommended life imprisonment without parole (LWOP) for the murder. The Grant Circuit Court entered a judgment of conviction for murder and sentenced Carmack to LWOP. In this direct appeal, Carmack challenges whether sufficient evidence proved beyond a reasonable doubt that she did not act in “sudden heat” when she killed the victim.

Indiana Appellate Clerk's Portal

 

[FrostedGlass]

I like to read appeals because they often provide information about the crime that we don't hear about. A real eye-opener for me is "the facts of the case" as presented by each side. They should rename that part "the facts as my side stated them."

 

[Seattle1]

I like to read appeals because they often provide information about the crime that we don't hear about. A real eye-opener for me is "the facts of the case" as presented by each side. They should rename that part "the facts as my side stated them."

I guess the oral arguments are only archived for two hours after the hearing. Is that your understanding??? The exception is the "traveling" oral argument.

 

[FrostedGlass]

I guess the oral arguments are only archived for two hours after the hearing. Is that your understanding??? The exception is the "traveling" oral argument.

I don't know. That one from yesterday was still available when I posted it.

 

[Seattle1]

I don't know. That one from yesterday was still available when I posted it.

I'm dense!

I found the linked yellow highlighted hearing for Carmack on 9/22 and was able to get as for as the icon symbol below but could not find the case on video player, youtube, or an mp3. Seeking the archive argument, I only found the following note under the heading Oral Arguments Online:

Oral arguments that take place in the Supreme Court or Court of Appeals courtroom are webcast live. The video player is available two minutes prior to the scheduled start time. Archive video is available two hours after the start time, though some traveling arguments may be recorded and available up to a week after the event. This week's live arguments are highlighted in yellow.

Documents & Media​

Oral Argument (9/22/2022)

ETA: link

https://publicaccess.courts.in.gov/docket/Search/Detail?casenumber=QBQJHIEZT5M7QfZkWm3CQDHZFbypU7dEmx4F4-JpGh01#hccs

 

[JerseyGirl]

Indiana woman blames 'sudden heat' during appeal for strangulation of stepdaughter

An Indiana woman was sentenced to life in prison without parole for murdering her 10-year-old stepdaughter, but she has appealed, citing 'sudden heat.'

local12.com

 

[Laughing]

Indiana woman blames 'sudden heat' during appeal for strangulation of stepdaughter

An Indiana woman was sentenced to life in prison without parole for murdering her 10-year-old stepdaughter, but she has appealed, citing 'sudden heat.'

local12.com

Sudden? Manual strangulation, then switched to strangulation with a pair of pants???

IMHO pulling a trigger is sudden. Stabbing could be sudden.

Although duration is apparently debated:

Trial experts debate time needed to kill by choking

www.baltimoresun.com

Dr. Theodore King, an assistant state medical examiner, testified last week that Magee died of strangulation. He said a person being strangled would lose consciousness within 20 to 30 seconds and would be dead if constant pressure were applied for an additional 2 1/2 to 3 1/2 minutes.

Look at the clock. Sit absolutely still for 2 1/2 minutes. Was that sudden?

Now try grabbing something -- a towel or stuffed animal, maybe. Squeeze that with both hands for 2 1/2 minutes by the clock. What do your fingers feel like? Was that sudden?

This 'person' squeezed a child's throat for 2 1/2 minutes.

But, this is the same Indiana court system that stripped Natalia Barnett, with no legal representation, of her childhood against documents and medical advice, and declined to correct that injustice when asked:

AG claims there's new evidence in Indiana adoption neglect case, asks Supreme Court to take case

A former Tippecanoe County couple charged with neglect claimed the girl they adopted was actually a young-looking woman. Their charges were later dropped.

www.wthr.com

Glad I don't pay taxes in Indiana....

jmho ymmv lrr

 

[Knox]

Amanda Carmack just needs to go away quietly ...

 

[AmandaReckonwith]

To watch the IN SC Oral arguments.

Indiana Appellate Clerk's Portal

 

[AmandaReckonwith]

Skylea Carmack Case Archive is very complete.
Check it out.

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app.photobucket.com

 

[Seattle1]

I don't know. That one from yesterday was still available when I posted it.

To watch the IN SC Oral arguments.

Indiana Appellate Clerk's Portal

Alas -- using a different computer today and finally learned the reason I could not see the audio or video option was my software blocker for adverts. Thanks again for the link.

 

[FrostedGlass]

Alas -- using a different computer today and finally learned the reason I could not see the audio or video option was my software blocker for adverts. Thanks again for the link.

Was it you who was having trouble with Vine? If so, maybe that was the problem there, too.

 

[meanmaryjean]

Good news!

Indiana Supreme Court upholds life sentence for Amanda Carmack

INDIANAPOLIS (WISH) –The Indiana Supreme Court Thursday upheld life without parole for a Grant County woman convicted of murdering her 10-year-old stepdaughter. The state’s highest court rejected Amanda Carmack’s argument that she killed Skylea Carmack in an act of “sudden heat” and should have...

www.wishtv.com

 

[MsMarple]

Good news!

Indiana Supreme Court upholds life sentence for Amanda Carmack

INDIANAPOLIS (WISH) –The Indiana Supreme Court Thursday upheld life without parole for a Grant County woman convicted of murdering her 10-year-old stepdaughter. The state’s highest court rejected Amanda Carmack’s argument that she killed Skylea Carmack in an act of “sudden heat” and should have...

www.wishtv.com

Yes it is good news! “Sudden heat” my patootie. From your link:

The state’s highest court rejected Amanda Carmack’s argument that she killed Skylea Carmack in an act of “sudden heat” and should have been convicted of a lesser charge than murder.
…
“In reviewing the evidence supporting the judgment, we hold the State met its evidentiary burden to disprove the existence of sudden heat because of the lack of adequate provocation, accompanied by a sustained cooling-off period,” Justice Mark Massa wrote. “Indeed, the record here is so bereft of evidence of sudden heat that if there be any error, it was giving the jury this option in the first place.”
…
The justices also rejected Amanda Carmack’s claim that Skylea’s reactions to discipline provoked her murder.

“At most, Carmack’s subjective parenting issues with (Skylea) could have been addressed through rote disciplinary measures—not strangulation,” Massa wrote.

 

[Lusitana]

Choking a 10-year-old girl to death over a stupid bracelet doesn't qualify as disciplining, that's murder.

 

[Seattle1]

Yes it is good news! “Sudden heat” my patootie. From your link:

The state’s highest court rejected Amanda Carmack’s argument that she killed Skylea Carmack in an act of “sudden heat” and should have been convicted of a lesser charge than murder.
…
“In reviewing the evidence supporting the judgment, we hold the State met its evidentiary burden to disprove the existence of sudden heat because of the lack of adequate provocation, accompanied by a sustained cooling-off period,” Justice Mark Massa wrote. “Indeed, the record here is so bereft of evidence of sudden heat that if there be any error, it was giving the jury this option in the first place.”
…
The justices also rejected Amanda Carmack’s claim that Skylea’s reactions to discipline provoked her murder.

“At most, Carmack’s subjective parenting issues with (Skylea) could have been addressed through rote disciplinary measures—not strangulation,” Massa wrote.

Nice Amanda -- blame the victim for your evil deed.