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COA affirms angry ex-boyfriend’s battery convictions

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A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.

Jennifer Kaminski’s new boyfriend, Andrew Bolinger, followed her home from his house in his friend Anthony Badzinski’s car. Bolinger was concerned for Kaminski’s safety because Michael Bowser was not happy his ex-girlfriend was seeing Bolinger. She stopped in a business’s driveway after seeing Bowser’s car, and he approached her car and was angry. He pulled away in his car after seeing Bolinger and Badzinski drive up.

But Bowser turned his car around and sped down the road, leaving his lane and hitting Badzinski’s parked car, seriously injuring the two.

He was charged with eight counts and convicted of all charges, but the court only entered judgment on two Class C felony convictions of battery by a deadly weapon.

In Michael Bowser v. State of Indiana, 71A03-1208-CR-361, Michael Bowser appealed his convictions, arguing the trial court should have granted his motion to sever the battery charges from the criminal recklessness charges. Bowser wasn’t entitled to severance as a matter of right based on the statute, but a court does have discretion in granting severance in certain cases, including complexity of the evidence to be offered.

“Here, there were a number of charged offenses but the evidence was not complex, consisting of testimony from five witnesses and twenty-one exhibits, primarily photographs,” Senior Judge Betty Barteau wrote. Also, “it is reasonable to conclude that the jury was able to distinguish the evidence and apply the law intelligently because the charged offenses differed only in levels of mental culpability, whether a deadly weapon was used, and the level of harm inflicted upon the victims.”

The evidence also supports that Bowser knowingly or intentionally battered the two men. The court rejected his argument that the collision was an accident.
 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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