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Evidence supports elevated burglary conviction

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The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.

Angus Toney and an accomplice broke into the home of G.R. and demanded money, drugs and her purse. When G.R. tried to dial 911, Toney grabbed her hand, twisted the phone out of it, and threw the phone across the room. G.R. later testified that caused her pain.

Toney argued that he only committed Class B felony burglary, not Class A felony burglary resulting in bodily injury, because there wasn’t sufficient evidence to find his victim suffered any bodily injury. The applicable statute defines bodily injury as “any impairment of physical condition, including physical pain.” Tony claimed that G.R. only had a fleeting moment of pain, so it’s insufficient to establish bodily injury.

“To us, however, the statutory definition of bodily injury is clear and unambiguous. It contains no requirement that the pain be of any particular severity, nor does it require that the pain endure for any particular length of time. It must simply be physical pain,” wrote Judge Paul Mathias in Angus Toney v. State of Indiana, No. 89A01-1108-CR-374.

 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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