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COA: State could charge man for leaving scene of fatal accident

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The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.

Kevin Barton argued that because Steven Brinkley had already been convicted of Class C felony failure to return to the scene of an accident resulting in death, Barton couldn’t be prosecuted for the same crime. Brinkley initially hit Jamie Beaty, who was walking in the road, and didn’t stop. Moments later, Barton’s truck hit and dragged Beaty’s body.  Barton initially stopped, then got in his truck and called 911, providing only that someone had been hit by a car. Another bystander stopped and called 911, after which Barton ran from the scene back to his truck. He was later arrested.

The trial court denied his motion to dismiss the failure to return charge. At trial, Barton first brought up that he saw a white car hit Beaty. He claimed he had swerved to miss her in the road and pulled over to help, but evidence on his truck showed he struck the woman.

Indiana Code Section 9-26-1-1 requires a driver involved in an accident resulting in injury or death to stop, remain at the scene, and provide his or her name, address, and vehicle registration information. The appellate judges found that Barton’s arguments regarding his prosecution are misguided because the statute doesn’t require the charged driver cause the death or injury that occurred.

“The duties of Indiana Code section 9-26-1-1 apply to a driver of a vehicle involved in an accident, regardless of whether the driver’s vehicle struck anyone or anything,” wrote Judge James Kirsch in Kevin Barton v. State of Indiana, No. 18A04-0910-CR-609. “Thus, contrary to Barton’s assertion, the statute does not require a causal relationship with the death, only involvement in the accident.”

Barton also argued that the prosecutor’s four statements during closing arguments regarding Barton’s claim that he saw a white car hit Beaty were Doyle violations. Even though he brought his objection to the statements to the court’s attention, Barton didn’t request admonishment or a mistrial, so he waived his claim of error, wrote the judge.

The appellate court also affirmed the denial of a proposed jury instruction on the defense of mistake of fact. The trial court properly determined the substance of Barton’s proposed jury instruction was adequately covered by other instructions.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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