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COA cites double jeopardy clause in reversal of conviction

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The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.

Gravel truck driver William Hurt had driven through a workzone on Interstate 164 several times on the day his truck slammed into a parked Indiana Department of Transportation truck. The INDOT vehicle, driven by Mark Shepherdson, was an “arrow board truck,” equipped with a large flashing arrow, directing motorists from the driving lane to the passing lane. Shepherdson died as a result of the crash.

In its consideration of William Hurt v. State of Indiana, No. 82A04-1006-CR-414, the appeals court affirmed Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, stating Hurt had seen the multiple construction warnings repeatedly before the crash. However, the court reversed a second conviction – Class C felony reckless operation of a vehicle in a highway workzone resulting in death – stating the same evidence had been considered in determining both convictions.

Citing Spivey v. State, 761 N.E.2d 831 (Ind. 2002), the appeals court ruled that the state likely violated the Indiana Constitution’s prohibition against double jeopardy by relying on the same evidence for Hurt’s dual convictions.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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