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Judges uphold 40-year sentence in drug deal turned robbery

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The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.

George Moss knew Philip Potenza and Randall Peterman. Moss set up a deal to sell marijuana to Potenza down the street from Potenza’s home, where he lived with Peterman. When Moss showed up, Todd Ruffin pointed a gun at Moss and demanded everything on him. The men then went to Potenza’s home, where they robbed Peterman. Peterman was shot in the leg in the process.

Police spoke with Peterman while he was in the hospital, and he said that it appeared Moss was also being held up by Ruffin and had his hands in the air. Peterman later said at Moss’ trial this statement was inaccurate and that he did not remember much about his time at the hospital because he was in shock. He testified he never saw a gun pointed at Moss and the two acted like a team.  

Moss presented a duress defense at his trial, claiming Ruffin pointed the gun at him and told him he would be killed if he did not do everything he was told. The defense wanted Peterman’s statement marked as defense exhibit A; the state objected to admission as an exhibit but not to the transcript being marked. After closing arguments, the defense wanted to have the court look at the statement, but the trial court denied it. Moss was found guilty of felony burglary, two counts of robbery, criminal confinement and carrying a handgun without a license.

In George Moss v. State of Indiana, 49A02-1311-CR-961, the Court of Appeals declined to find that the trial court abused its discretion by not reopening the case to admit the statement taken during Peterman’s interview with police at the hospital.

“Although Peterman testified and was subject to cross-examination, the statement was not given under oath. It was therefore inadmissible hearsay. At best, Peterman’s prior inconsistent statement was admissible only to impeach him, not as substantive evidence to prove that Moss was also under the threat of Ruffin’s gun,” Chief Judge Nancy Vaidik wrote.

The judges also rejected Moss’ request to have his sentences run concurrently, which would reduce his overall sentence from 40 years to 30 years. They pointed to his instigation and participation in the crimes and his criminal history.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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