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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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