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COA finds man knew of protective order and violated it

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There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.

In Anthony Smith v. State of Indiana, 49A05-1304-CR-195, Anthony Smith claimed there wasn’t sufficient evidence to prove he knowingly violated the protective order Sara Pearson obtained against him. A police detective verbally told Smith over the phone that he was to have no contact with Pearson. Pearson also told Smith about the protective order in a text message.

She was moving, so Smith wanted to get his weightlifting equipment out of her home. He texted her and she suggested a time, believing the police could be there during the pick up. But Smith wanted to come the next day, to which Pearson said no. Later that day, she came home to find Smith in her home. He grabbed her and took her phone and pepper spray. He ran off when the doorbell rang.

He was charged with and convicted of Class D felony residential entry and Class A misdemeanor invasion of privacy as well as found to be a habitual offender. He only appealed the invasion of privacy charge.

The cases Smith cited to support his argument, Hendricks v. State, 649 N.E.2d 1050 (Ind. Ct. App. 1995), and Joslyn v. State, 942 N.E.2d 809, 813 (Ind. 2011), the judges found to actually support his conviction.

Smith had actual notice that the protective order prohibited any contact with Pearson. It does not matter that he wasn’t provided with all of the protective order’s specific terms by the detective, Senior Judge Patrick Sullivan.

Smith also claimed he received mixed messages because Pearson’s actions in communicating with him through text messages and arranging a time for him to pick up his personal possessions from her house gave him reason to believe that the protective order was no longer valid, but the appellate court rejected his arguments.  Both the detective and Pearson told Smith the protective order was in place, and Pearson also didn’t allow Smith to come to her home without police.  

 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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