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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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