Burglary conviction was impermissible double jeopardy

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Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.

In Shamir Chappell v. State of Indiana, No. 89A01-1106-CR-265, Shamir Chappell helped Carlotta Wilkerson break into the home where Maurice and Heather Jones lived. Maurice Jones was in a relationship with Wilkerson despite being married. The Joneses were staying at the home in order to remove the remainder of Maurice Jones’ sister’s belongings before her eviction date. During the break-in, Wilkerson stabbed Heather Jones twice, and Chappell tried to punch Maurice Jones.

Chappell was convicted of aiding, inducing or causing: Class A felony burglary resulting in bodily injury, Class B felony burglary of a dwelling, and Class C felony battery. He was also convicted of Class D felony residential entry. He admitted to being a habitual offender and was sentenced to an aggregate term of 70 years.

The Court of Appeals found the state presented sufficient evidence to support his convictions of burglary, but that the Class B felony conviction should be vacated due to double jeopardy. He was convicted of both the Class A and Class B felonies for one act of breaking and entering into the home. In addition, the only actual evidence differentiating the two convictions was the element of bodily injury to Heather Jones, wrote Judge Paul Mathias.

The COA remanded with instructions to vacate the sentence for the Class B felony conviction, which the trial court had ordered be served concurrently with the Class A felony conviction. They also found that the aggregate sentence of 70 years is not inappropriate.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues