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Justices rule on convictions, sentencing in police-impersonation case

Michael W. Hoskins
January 1, 2007
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Various offenses committed at different times and in different counties do not constitute a single episode of criminal conduct for sentencing purposes, the Indiana Supreme Court has reinforced this week.

That logic, however, doesn't extend to convictions, as the state's highest court has affirmed a lower appellate finding that multiple instances of police officer impersonation are considered "the same occurrence," and subsequent convictions in different counties violate Indiana's double jeopardy statute.

Justices granted transfer Wednesday in Derek Scott Geiger v. State of Indiana, issuing a two-page order that summarily affirmed the Court of Appeals' May 23 decision in Geiger v. State, 866 N.E. 2d 830 (Ind. Ct. App. 2007).

This case arises from an incident in July 2005 when Geiger and three others pulled a couple over and claimed to be narcotics officers. Geiger pleaded guilty in July 2006 to felony armed robbery in Floyd County and was sentenced to 10 years. In Harrison County, a jury found him guilty that August and he was later sentenced to 12 years to run consecutively to his Floyd County sentence. Charges were still pending at the time in Clark County for a similar incident.

In the lower appellate decision in May, the court vacated Geiger's conviction in Harrison County for impersonating a public servant because of his previous conviction for the same in Floyd County. The court held that "a defendant may not be convicted of more than one count of impersonating a public servant pursuant to Indiana Code section 35-44-2-3 based on the same occurrence, even if there are multiple victims."

The court noted, "It is an issue of first impression whether the appropriate number of convictions for impersonating a public servant turns on the number of victims to whom the defendant misrepresents or, instead, on the number of occasions on which the defendant engages in the unlawful conduct."

An appellate panel consisting of Chief Judge John Baker and Judges Mark Bailey and Melissa May determined that IC 35-44-2-3 is a conduct-oriented statute focusing on the act of impersonating a public servant and the intent to mislead another person. The statute doesn't require the victim to actually believe or be induced by the misrepresentation, the court reasoned.

In its order, the Supreme Court didn't delve into the conviction component of the case, affirming the Court of Appeals and only delving into the sentencing issues.

When analyzing the sentencing components on appeal, the Court of Appeals judges used a balancing test and determined "the independent nature of each of these offenses leads us to conclude that they are not a single episode of criminal conduct." The court rejected Geiger's argument that the consecutive sentences exceeded the length allowed by IC 35-50-1-2, in part because the offenses in both counties constituted one episode of that conduct.

Justices agreed, citing Reed v. State, 856 N.E.2d 1189, 1201 (Ind. 2006), and Harris v. State, 861 N.E. 2d 1182, 1188 (Ind. 2007), that both addressed the "episode of criminal conduct" issue.

The balancing test cited from Reed says, "Although the ability to recount each charge without referring to the other can provide additional guidance on the question of whether a defendant's conduct constitutes an episode of criminal conduct, it is not a critical ingredient in resolving the question. Rather, the statute speaks in less absolute terms: 'a connected series of offenses that are closely connected in time, place, and circumstance.'"

Justices wrote they agreed with the appellate court's conclusion that the various offenses, committed at different times and in different counties, did not constitute a single episode of criminal conduct.

The Supreme Court addressed another point Geiger made about how proper consecutive sentences were in that he didn't receive advisory sentences on the individual convictions. But the court dismissed that claim by citing a decision from Aug. 8 in Robertson v. State, where the holding was that a court imposing a consecutive sentence is not limited to the advisory sentence.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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