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COA vacates sex-abuse confinement conviction as double jeopardy

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The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.

Frank Jacobs was convicted of both counts in Marion Superior Court that heard evidence that he forcibly performed oral sex on a minor boy. In Frank Jacobs v. State of Indiana, 49A04-1304-CR-183, the appeals court ruled “Jacobs did not use more force than was necessary to commit criminal deviate conduct, and Jacobs’ conviction of confinement based on the same force subjected him to double jeopardy.”

Vacating the lesser charge is unlikely to affect Jacobs’ sentence, however. He was sentenced to 10 years in prison on the deviate conduct charge and four years for confinement, to be served concurrently.

Judge Melissa May wrote for the panel that Jacobs’ arguments that the trial court abused its discretion by excluding testimony about the victim’s truthfulness and refusing his request to admit evidence from Jacobs’ son. Any error in refusing such testimony was harmless, May wrote, because of independent evidence of Jacobs’ guilt.

 

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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