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COA reaffirms separate convictions for check theft not warranted

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The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.

In April,  the COA reversed several of Sterlen Shane Keller’s theft convictions based on the single larceny rule. He had in his possession a Social Security check and Edward Jones checks that belonged to Robert Collier. He took the checks from Collier’s mailbox on one occasion.

The state argued that Keller made an independent decision to exert control over the three Edward Jones checks by cashing them, which is separate from his taking of the Social Security check from the mailbox.

“Contrary to the State’s assertion, we cannot disregard Keller’s act of taking the checks from the mailbox because that is the point at which Keller began knowingly or intentionally exerting unauthorized control over them with the intent to deprive Collier of their value or use,” Judge Michael Barnes wrote in Sterlen Shane Keller v. State of Indiana, 59A01-1206-CR-271.

“Regardless of what Keller did with the checks after he took them — whether he put them in his garage or cashed them — he committed the offense when he took the checks from Collier’s mailbox and from that point on he committed a single continuing act of theft.”

The judges also weren’t persuaded by the state’s argument that its earlier holding disserves the purpose of the single larceny rule: to punish a single criminal design only once.

“To the extent that Keller’s subsequent decision to cash some of the checks he had taken evidenced an additional criminal design, the State could have charged him with the theft of those funds (as opposed to theft of the checks), forgery, or any other applicable offense,” Barnes wrote. “The State’s decision not to charge Keller for the act of cashing the checks further underscores the importance of the charging documents and its contents.”

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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