ILNews

Partial residential entry enough for conviction

Jennifer Nelson
January 1, 2007
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Whether your whole body, the upper half, or just a hand enters someone else's home, that's enough to be considered "entering" under Indiana statute for conviction of residential entry. The Court of Appeals ruled today on the definition of entering a dwelling under the residential entry statute, something the courts haven't defined in previous cases.

In Robert Williams v. State, 49A05-0612-CR-688, Williams appealed his conviction for residential entry, a Class D felony, arguing that only the upper half of his body leaned into the victim's residence through a window he had broken. To be convicted, he argued, his entire body had to enter the residence.

Williams went to the residence of a person identified as "Brown" in the brief, with whom he was romantically involved. When Brown refused to let Williams into the residence, he broke a bedroom window and leaned his upper half of his body through the window. Brown called the police and Williams was charged with residential entry and other offenses. After a jury trial Aug. 24, 2006, Williams was found guilty of residential entry and was sentence to three years incarceration, which was enhanced by 910 days because he was a habitual offender.

Defining "entering" under the statute for residential entry is new territory for the courts, wrote Chief Judge John Baker in the opinion. Williams argued the residential entry statute should require the entire body to enter a residence because the statute does not require an intention to commit a felony as the residential burglary statute does. In citing cases from California and Kansas, the rule is that any breach of the threshold by any body part constitutes entry in jurisdictions that have construed its burglary statute along those lines.

"Williams proposed rule of complete entry would lead to the absurd result that an individual could avoid prosecution for residential entry by simply ensuring that a foot or hand remained outside the threshold of the residence," wrote Chief Judge Baker.

Indeed, entering a home, no matter how slight, violates the occupant's possessory interest in the building and could lead to a dangerous situation. A partial entry into a home creates the same situation that the crime of residential entry is supposed to deter in the same manner as complete entry, and thus partial entry falls under the statute of residential entry.

In the same case, the state cross-appealed, stating Williams' appeal should be thrown out because he did not file the appeal in a timely manner. Although at the end of his trial, Williams said he would not appeal, he did send a letter to the trial court Sept 15, 2006, requesting the appointment of appellate counsel. The trial court appointed the County Public Defender the same day to represent him; however, when the court reporter contacted the County Public Defender's office Oct. 24, the office had not received notice of the trial court's order of the appointment of counsel. Because the time period for filing a notice for appeal had expired, the state argued Williams' appeal should be dismissed.

The Court of Appeals ruled that because Williams had sent the letter in a timely manner, he was not at fault for the failure of the appeal to be filed in a timely fashion and his request for appeal was granted.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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