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Appellate court upholds criminal recklessness conviction

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The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.

In Kevin Hobson v. State of Indiana, No. 36A01-1103-CR-144, Kevin Hobson argued there was insufficient evidence to prove he was the person who shot at Andrew Kern’s Chevy Blazer after Kern stopped the car near Hobson’s home and a former business known as the Pit Stop because passenger Tanner Pruett said he felt sick. While the two men were out of the car, they saw a man approach holding a handgun and saw the man shoot into the air. Two bullets hit the car as they drove away.

Hobson had called police to report a suspicious vehicle that he identified as a Chevy Blazer. He said when he approached the car, the driver drove away and he fired two shots into the air. Police believed that Kern’s Blazer was the one Hobson shot.

He was convicted of Class D felony criminal recklessness, but Hobson argued that Ferrell v. State, 656 N.E.2d 839 (Ind. Ct. App. 1995), supports his argument that there wasn’t enough evidence to prove he was the one who shot Kern’s Blazer. The COA found Ferrell – a case in which the defendant was one of many people to fire gunshots at a house, but was unable to be identified by the victim – to be distinguishable.

“Hobson admitted to firing several shots as a Blazer drove away from the Pit Stop, and Kern’s Blazer was struck by several bullets. This is sufficient evidence to establish that Hobson fired the shots, and Ferrell is not controlling,” wrote Senior Judge John Sharpnack.
 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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