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Appellate court upholds criminal recklessness conviction

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The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.

In Kevin Hobson v. State of Indiana, No. 36A01-1103-CR-144, Kevin Hobson argued there was insufficient evidence to prove he was the person who shot at Andrew Kern’s Chevy Blazer after Kern stopped the car near Hobson’s home and a former business known as the Pit Stop because passenger Tanner Pruett said he felt sick. While the two men were out of the car, they saw a man approach holding a handgun and saw the man shoot into the air. Two bullets hit the car as they drove away.

Hobson had called police to report a suspicious vehicle that he identified as a Chevy Blazer. He said when he approached the car, the driver drove away and he fired two shots into the air. Police believed that Kern’s Blazer was the one Hobson shot.

He was convicted of Class D felony criminal recklessness, but Hobson argued that Ferrell v. State, 656 N.E.2d 839 (Ind. Ct. App. 1995), supports his argument that there wasn’t enough evidence to prove he was the one who shot Kern’s Blazer. The COA found Ferrell – a case in which the defendant was one of many people to fire gunshots at a house, but was unable to be identified by the victim – to be distinguishable.

“Hobson admitted to firing several shots as a Blazer drove away from the Pit Stop, and Kern’s Blazer was struck by several bullets. This is sufficient evidence to establish that Hobson fired the shots, and Ferrell is not controlling,” wrote Senior Judge John Sharpnack.
 

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

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  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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