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COA affirms trial court in felony neglect case

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The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.

In David L. Johnson, Jr. v. State of Indiana, No. 82A01-1103-CR-130, David Johnson claimed the trial court abused its discretion when it denied his request for jury instructions on lesser-included offenses. He also claimed that the court erred in admitting statements he made to a social worker and that he was a victim of prosecutorial vindictiveness.

A.J. was born to Johnson and Lori Record in September 2008. In January 2009, Johnson attended a voluntary counseling session with a social worker, whom he told he was concerned that he might become angry and hurt A.J. Personnel noticed a bruise on A.J.’s cheek and called child protective services to investigate, and a case manager subsequently ordered A.J. to be seen by a doctor and to have X-rays taken. An initial review of the X-rays showed no injuries.

On Feb. 9, 2009, A.J. died. A coroner found evidence of multiple injuries, and upon reexamining A.J.’s initial X-rays, a radiologist saw a fracture in A.J.’s clavicle. On April 7, the state charged Johnson with Class A felony neglect of a dependent. In 2010, Johnson agreed to plead guilty to a Class B felony neglect charge, but the trial court rejected that plea.  

The COA held that in order for Johnson to prove that he should have been charged with a lesser offense, he would need to prove a serious evidentiary dispute on the element of serious bodily injury. The appeals court affirmed the trial court’s decision to refuse Johnson’s proffered instructions on the lesser-included Class C and Class D felony offenses.

The appeals court also held that the court did not err in admitting a statement from the social worker whom Johnson met with prior to A.J.’s death, citing Indiana Evidence Rules 401 and 402.

Finally, the COA rejected Johnson’s assertion that he was a victim of prosecutorial vindictiveness, stating that precedent dictates actual vindictiveness occurs when a prosecutor’s charging decision was motivated by a desire to punish the defendant for something the law plainly allowed him to do.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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