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COA affirms trial court in felony neglect case

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The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.

In David L. Johnson, Jr. v. State of Indiana, No. 82A01-1103-CR-130, David Johnson claimed the trial court abused its discretion when it denied his request for jury instructions on lesser-included offenses. He also claimed that the court erred in admitting statements he made to a social worker and that he was a victim of prosecutorial vindictiveness.

A.J. was born to Johnson and Lori Record in September 2008. In January 2009, Johnson attended a voluntary counseling session with a social worker, whom he told he was concerned that he might become angry and hurt A.J. Personnel noticed a bruise on A.J.’s cheek and called child protective services to investigate, and a case manager subsequently ordered A.J. to be seen by a doctor and to have X-rays taken. An initial review of the X-rays showed no injuries.

On Feb. 9, 2009, A.J. died. A coroner found evidence of multiple injuries, and upon reexamining A.J.’s initial X-rays, a radiologist saw a fracture in A.J.’s clavicle. On April 7, the state charged Johnson with Class A felony neglect of a dependent. In 2010, Johnson agreed to plead guilty to a Class B felony neglect charge, but the trial court rejected that plea.  

The COA held that in order for Johnson to prove that he should have been charged with a lesser offense, he would need to prove a serious evidentiary dispute on the element of serious bodily injury. The appeals court affirmed the trial court’s decision to refuse Johnson’s proffered instructions on the lesser-included Class C and Class D felony offenses.

The appeals court also held that the court did not err in admitting a statement from the social worker whom Johnson met with prior to A.J.’s death, citing Indiana Evidence Rules 401 and 402.

Finally, the COA rejected Johnson’s assertion that he was a victim of prosecutorial vindictiveness, stating that precedent dictates actual vindictiveness occurs when a prosecutor’s charging decision was motivated by a desire to punish the defendant for something the law plainly allowed him to do.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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