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Majority affirms conviction despite no witnesses

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An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.

In Cathy A. Crawley v. State of Indiana, No. 49A05-0905-CR-280, Indiana Court of Appeals Judge Patricia Riley believed the evidence of the case created a probability that Cathy Crawley was driving the car that crashed into an acquaintance's pool early in the morning, but that the probability is less than beyond a reasonable doubt. She based her dissent on previous rulings that dealt with the sufficiency of evidence to prove operation of a car, and found the majority's affirmation of Crawley's conviction goes against the precedent set by those cases.

Crawley was found by acquaintance Donald Jones in his backyard early in the morning in November 2008; she was soaking wet, wearing boxer shorts, a tank top, and no shoes. She was disoriented and asked if Jones had seen her car. After searching for a moment, she realized the car was partially in Jones' above ground pool. Crawley's purse, jacket, and cigarette butts were found by his hot tub. Jones believed she had been drinking and Crawley admitted to taking pills used to treat seizure disorders and panic attacks. No one had seen her drive the car into the pool, but she was alone when she was found.

Over Crawley's objections, Jones called the police. Crawley had borrowed the car from a friend weeks earlier and then refused to return it. She was convicted of Class C felony operating a motor vehicle after driving privileges are forfeited for life.

Judges Nancy Vaidik and Terry Crone affirmed the conviction because they believed when taken as a whole, the substantial circumstantial evidence supported the trial court's inference that Crawley operated the car, ultimately drove it into Jones' pool, and was found alone and impaired at the scene. She also frequently referred to the car as hers.

The majority rejected Crawley's arguments that she was too intoxicated at the time she made the statement about nobody being with her, so it wasn't reliable; that the trial court put substantial weight on the fact that water was found in her purse and that it must have come from the pool; and Crawley's challenges to the trial court's discrediting of her friend's testimony about when Crawley was at her house because her arguments would require the appellate court to reweigh the evidence.

"We find it to be of no moment that nobody observed Crawley operate the motor vehicle because the State presented sufficient circumstantial evidence from which the trier of fact could conclude beyond a reasonable doubt that Crawley operated the motor vehicle," wrote Judge Vaidik.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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