ILNews

COA finds double jeopardy in DeLaney attacker's case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.

In Augustus Mendenhall v. State of Indiana, No. 29A02-1104-CR-353, Augustus Mendenhall, the man who beat and held at gunpoint Rep. Ed DeLaney, D-Indianapolis, in October 2009 because of a long-standing dispute in which Mendenhall blamed DeLaney for his family's legal issues, appealed his convictions.

Mendenhall, an attorney who was admitted to practice in 2008 but has since been permanently disbarred as a result of his attack on DeLaney, was convicted of Class A felony attempted murder, Class A felony robbery resulting in serious bodily injury, Class B felony aggravated battery, Class B felony criminal confinement and Class A misdemeanor resisting law enforcement.  A jury found Mendenhall guilty but mentally ill on all counts, and Hamilton Superior Judge William Hughes sentenced him to an aggregate term of 40 years.

On appeal, Mendenhall raised five issues that included the trial court’s denying his motion for mistrial, his objection to allowing the state to present a rebuttal witness, and whether the state should have been allowed to present rebuttal to Mendenhall’s case following court-appointed medical witness testimony. The court affirmed on those issues, as well as on claims questioning the evidence sufficiency.

But in examining double jeopardy questions, the appellate court found that the Class B felony conviction for aggravated battery and Class A felony conviction for robbery resulting in serious bodily injury violate Indiana’s probation against double jeopardy. The court remanded with instructions to reduce the robbery conviction to a Class C felony.

 

ADVERTISEMENT

  • Thanks...
    ...for making the correction.
  • Error in story
    This statement in your story is inaccurate: "because of a long-standing legal dispute that had involved DeLaney’s representation of Mendenhall’s father..." Mr. DeLaney represented a client ADVERSE to Mendenhall's father.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. Can I get this form on line,if not where can I obtain one. I am eligible.

    2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

    3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

    4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

    5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

    ADVERTISEMENT