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Judges uphold man’s resisting law enforcement conviction

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Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.

Police responded to a call regarding battery on a person. Freddie Patterson and his cousin appeared intoxicated and did not have any visible injuries. Both said Patterson’s wife, Martha, struck them with her cane. While talking to the wife, Patterson became angry and got in the face of one of the officers in such a manner that the officer felt threatened. When he pushed Patterson back, Patterson charged him again. The two officers struggled to handcuff Patterson and considered using a Taser, but, instead, one officer struck Patterson with an open hand on his face. They were then able to handcuff him.

Patterson was convicted of Class A misdemeanor resisting arrest. In Freddie Patterson v. State of Indiana, 49A02-1311-CR-944, he argued that the evidence doesn’t support his conviction and that the trial court erred by giving an edited version of a jury instruction he tendered and by adding a sentence to another instruction.

The judges rejected Patterson’s claim that the officers used excessive force, thus justifying his actions. They pointed to the officer’s testimony that he felt threatened by Patterson, who was taller and heavier than the officer and that the officers wrestled with Patterson for several minutes before striking him with an open hand in order to handcuff hm.

Patterson claimed the deleted sentence from his tendered jury instruction was an abuse of discretion because none of the other instructions addressed the privilege to resist when an officer uses excessive force. But several other instructions – including the one in which a sentence was removed, adequately addressed Patterson’s right to lawfully resist if the officers used excessive force, Judge Rudolph Pyle III wrote.

Also, there was no fundamental error when the court added a sentence suggested by the state regarding forcibly resisting. The judges found the sentence helps to fully define “forcibly resists” and does not present an appellate standard of review as Patterson argued.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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