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Appeals court recalls OWI decision

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The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.  

According to the docket for State of Indiana v. Richard J. Laker Jr., No. 2A04-0912-CR-736, the appellate judges recalled, withdrew, and vacated their opinion on Dec. 13. The docket explains that a substitute opinion will be issued in due course.

In the original opinion, Judges Melissa May and Margret Robb found the charging information on the four counts Laker faced to be deficient. None of the charges specified whether it was the tractor or the Lexus that he illegally operated.

Judge Nancy Vaidik dissented on the dismissal of three of Laker’s counts, finding the state’s pleading materials on the whole sufficiently apprised Laker of the state’s charges.

Laker was arrested after police saw him on the side of the road driving a tractor trying to get a Lexus out of a ditch. He claimed that a friend called him to help get the Lexus out of the ditch. Laker didn’t have a driver’s license, his driving privileges had been suspended, and he blew a 0.10 on a chemical breath test.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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