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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for him to pick up his personal possessions from her house gave him reason to believe that the protective order was no longer valid, but the appellate court rejected his arguments.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. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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