Woman’s convictions did not subject her to double jeopardy

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A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.

Courtney Glenn was stopped as she tried to steal shirts from the store. While police officer Gary Smith escorted her from the store, she was uncooperative, attempted to pull free and was able to slip a hand out of the handcuffs. She swung the handcuffed hand at the officer, missing striking him with the handcuff by a few inches.

She was ultimately convicted of one count of Class A misdemeanor resisting law enforcement and one count of Class B misdemeanor disorderly conduct at a bench trial.

In Courtney Glenn v. State of Indiana, 49A04-1302-CR-79, the appellate court found sufficient evidence to support both convictions, finding Glenn’s actions to be similar to those of the defendant in Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005), who was convicted of resisting law enforcement. Glenn aggressively tried to pull away from the officer and refused to walk. This resistance was forcible and supports her resisting conviction.

Glenn argued that she did not try to strike the officer with her handcuffed hand, but merely was trying to show him that the handcuff had malfunctioned. But when the evidence conflicts, the appellate court must view only evidence that is favorable to the verdict, in which a reasonable fact-finder could conclude Glenn swung at the officer and could have caused serious bodily injury.

The judges also rejected Glenn’s claim that the trial court did not fully explain which facts it relied on to support each conviction, implying the court based both convictions on identical facts.

“However, we assume the trial court, at a bench trial, followed the law and applied it correctly. There was a sufficient separate basis to convict Glenn of both resisting law enforcement and disorderly conduct,” Judge Melissa May wrote.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.