ILNews

Judges disagree on when escape occurs

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules. The dissenting judge believed that based on statute, the inmates could be charged with escape.

In State of Indiana v. Misty Moore, et al., No. 28A01-0903-CR-111, Chief Judge John Baker and Judge Patricia Riley examined Indiana Code Section 35-44-3-5(a), which defines when someone commits Class C felony escape, and determined the facts of the case don't support criminal charges.

To prove the inmates committed escape, the state had to establish they intentionally fled from lawful detention, which in this case was a penal facility. Misty Moore and five other female inmates climbed through the ceiling of their jail cells to reach the male cell block, where they would fraternize with the male inmates at night.

The majority dismissed a number of cases from other jurisdictions the state argued support its argument, and instead relied on Louisiana v. Liggertt, 363 So.2d 1184 (La. 1978), State v. Davis, 271 N.W.2d 693 (Iowa 1978), and State v. Buck, 724 S.W.2d 574 (Mo. Ct. App. 1986), in which other courts have reached the same conclusion as the trial court in the instant case - that rules may have been broken but no crime was committed, wrote Chief Judge Baker.

"We acknowledge that the relevant statutes could be drafted more artfully and explicitly, but given the well-established rules that we construe penal statutes strictly against the State and that ambiguities should be resolved in favor of the accused... close calls such as this one must be resolved in the defendants' favor," he wrote.

Judge Ezra Friedlander found the cases that the majority dismissed to be instructive and believed the statute applies even when an incarcerated person escapes from a cell, but didn't intend to leave the boundaries of the penal facility. Judge Friedlander relied on Crowder v. State, 812 S.W.2d 63 (Tx. Crim. App. 1991), State v. Sugden, 422 N.W.2d 624 (Wisc. 1988), and State v. Padilla, 113 P.3d 1260 (Colo. Ct. App. 2005), in which those cases relied on similar language as found in Indiana's statute.

"Drawing from these cases, it cannot seriously be argued that it does not promote public safety or facilitate efficient institutional administration to read 'flees from lawful detention' so narrowly as to exclude the act of breaking out of an area of confinement within the walls of a detention facility, for whatever purpose and with the intent to go anywhere else, whether within or without the outer boundaries of that facility," he wrote.

Judge Friedlander also takes issue with the majority's stance that it seems escaping out of a cell is either the crime of escape or a matter of prison discipline. Breaking out of a cell can be both, he wrote. If a prisoner assaults another inmate, he can be punished by the facility and also face criminal charges. The judge also noted that in past versions of the escape statute, the legislature was more specific in defining escape as leaving the boundaries of particular facilities.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

ADVERTISEMENT