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COA finds Army discipline does not exempt defendant from prosecution

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The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.

In David Hoffman v. State of Indiana, No. 03A01-1104-CR-180, David Hoffman argued that because the Army demoted him in rank for a operating a vehicle while intoxicated, the state should not have been able to prosecute him on the same charge, due to double jeopardy standards.

Hoffman was an active-duty sergeant in the Army stationed at Camp Atterbury north of Columbus, Ind. On Dec. 20, 2009, Hoffman was arrested for operating a vehicle while intoxicated, and the state later charged Hoffman with that offense.

Hoffman alleges that, prior to his criminal trial, the Army took action against him for the same incident.

The appeals court held that because the defendant had failed to provide a complete record, it declined to conclude that the action taken by the military prevented the state from prosecuting him for the same conduct.

Hoffman provided the appeals court with a copy of his reduction in grade of rank. But the appeals court found that the reduction was for failure to complete training, unsatisfactory participation and failure to complete or attend noncommissioned officers education system, respectively.

In the COA opinion, Judge John Baker wrote, “We find that the record lacks any clear evidence to establish that the type of punishment that Hoffman received from the Army was equivalent to a prosecution and, in fact, undermines Hoffman’s assertion that the punishment was for operating a vehicle while intoxicated.”
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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