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Evidence does not support stand-your-ground defense

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A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.

Dwight Hayes was arrested and charged after he pointed two handguns at Natasha McDaniel who was trying to serve him with legal documents. McDaniel remained on the public sidewalk outside Hayes’ home and never tried to enter his front yard.

At trial, Hayes wanted the jury instructions to contain the information that a person may use reasonable force, including deadly force, to prevent unlawful entry or attack on his property. In addition, he wanted the jury to be told that the state has the burden of proving the defendant did not act in defense of his property.

Although the Marion Superior Court found the instruction was a correct statement of the law, the court rejected the three paragraphs since there was no evidence indicating his property was being attacked.

On appeal, Hayes pointed out that McDaniel first walked into his yard and knocked on his front door, and then returned to her truck before he confronted her. This, he argued, established why he believed he needed to prevent any unlawful re-entry onto his property.

The Indiana Court of Appeals disagreed and affirmed the trial court’s ruling in Dwight Hayes v. State of Indiana, 49A04-1312-CR-619.

“Although McDaniel has knocked on Hayes’s front door in an effort to serve him with legal documents, she had returned to her truck and was completing paperwork when Hayes arrived in the front yard with two guns,” Judge Michael Barnes, wrote for the court. “At that point, McDaniel got out of her truck to talk to Hayes but remained on the public sidewalk at all times. Her friend testified she was 100 percent sure that McDaniel did not try to open the gate again. There simply is no evidence that McDaniel was attempting to attack or unlawfully enter Hayes’s property when Hayes pointed the guns at McDaniel.”

 

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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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