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COA reverses conviction based on charging information

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Because the charging information did not give a defendant fair notice of the crime of which he was convicted, the Indiana Court of Appeals reversed his Class B felony attempted aggravated battery conviction.  

Billy Young, Latoya Lee, Marquise Lee and an unidentified man went to the apartment of Ramon Gude two days after Latoya Lee got in a fight with Gude’s girlfriend, Tiara Robertson. Marquise and Ramon began fighting. The unidentified man shot Ramon much to the surprise of Young and Marquise Lee. Ramon died of his injuries and the three known assailants were charged with murder and conspiracy to commit murder.

After a two-day bench trial, the judge determined the proof was insufficient to support the charges, but that the state had proven beyond a reasonable doubt that Latoya Lee was going to arrange for a “beat down” of Ramon. The judge convicted each co-defendant of Class B felony attempted aggravated battery.

At first blush, it could seem that attempted aggravated battery could be an inherently lesser included offense of murder, but under the circumstances of this case, that conviction is not appropriate, the appeals court held in Billy Young v. State of Indiana, 49A02-1310-CR-868.

“It stands to reason that the facts alleged in the charging information must be the same facts that form the basis for a lesser included offense,” Judge Margret Robb emphasized. “The trial court found the alleged facts underlying Young’s murder charge were not proved beyond a reasonable doubt, and his conviction for attempted aggravated battery was based on other evidence presented at trial. Thus, Young’s attempted aggravated battery conviction is not a lesser included offense of the murder charge.”

“Young was denied the ability to limit his defense when he was convicted of a crime despite the trier of fact’s belief that a connection between Young and the charged murder was not proved beyond a reasonable doubt. Because Young was convicted of a crime entirely different from the one with which he was charged, his conviction cannot stand,” she wrote.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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