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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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