Court: Man never raised defense to attempted robbery

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The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.

Adam Bigger attempted to rob a Fort Wayne bank in December 2012 by providing a note to a teller. The teller disappeared for a moment to retrieve a key for her cash drawer, and when she returned, had her hands in the air. Bigger then left the bank.

Bigger was convicted of attempted robbery as a Class C felony and sentence to eight years.

In Adam Bigger v. State of Indiana, 02A03-1308-CR-315, Bigger contended the state’s evidence wasn’t sufficient to disprove his defense of abandonment. The state argued that Bigger waived this issue because he did not raise the defense before or during his trial.

The judges agreed with the state, noting that Bigger needed to assert the defense in some manner, otherwise, the trier of fact would not know to consider the defense in its deliberations of a defendant’s guilt. As such, the issue is waived.

The COA affirmed his sentence, which is the maximum for a Class C felony, pointing to his sizable criminal history at the age of 28, which included 11 misdemeanor convictions and one felony conviction involving drugs.

“It is clear that numerous prior brushes with the law have proven ineffective to rehabilitate Bigger, and this offense is further proof that a longer period of incarceration is appropriate. Bigger has not carried his burden of persuading this Court that his sentence has met the inappropriateness standard of review,” Senior Judge John Sharpnack wrote.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon