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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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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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