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Judges say evidence supports a retrial

October 25, 2013

Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.

Judges Elaine Brown and Cale Bradford granted Jason Lee Sower’s petition for rehearing, in which he argued the COA did not address his claim of insufficient evidence of sanity in its original decision. Earlier this year, the court reversed his Class D felony criminal reckless and resisting law enforcement convictions and remanded for proceedings.

Brown and Bradford adopted Bradford’s analysis on the evidence issue from his dissent in the original decision, which stated it was for the jury to weigh the evidence. The jury rejected his insanity defense on the charges that were ultimately reversed while finding him not responsible by reason of insanity of a charge of battery by means of a deadly weapon.

The two remanded Jason Lee Sowers v. State of Indiana, 08A02-1208-CR-640, for further proceedings. Judge Patricia Riley voted to deny rehearing.
 

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