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Judges uphold man’s conspiracy conviction

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Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.

Wilhoite and two others developed a plan to rob Donald Willis. However, the armed robbery was unsuccessful and Wilhoite was arrested a short time later. The state alleged Wilhoite committed “conspiracy to commit attempted armed robbery, a Class B felony,” a crime Wilhoite asserts doesn’t exist.

He didn’t raise this issue during his trial, so the Court of Appeals looked at his argument to determine whether there was fundamental error. The judges concluded there was not.

While the panel agreed that people should not be charged with conspiring to attempt a crime, and that the state referenced a non-existent crime on the charging information, the judges found Wilhoite did not demonstrate fundamental error.

The record reflects that he was convicted of conspiring to commit armed robbery and the jury was instructed on the elements of conspiracy.

“Despite the erroneous title given to his crime, the information indicated elements for conspiracy to commit armed robbery and the jury instructions informed the jurors of the elements they needed to find Wilhoite guilty of conspiracy to commit armed robbery, including ‘the intent to commit the crime,’” Judge Melissa May wrote in Matthew P. Wilhoite v. State of Indiana, 34A04-1303-CR-138. “Thus, the fact that the erroneous name of the crime listed at the top of the charging information did not amount to fundamental error.”

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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