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COA finds church member’s lack of brotherly love not sufficient to uphold conviction

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A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.

The Indiana Court of Appeals reversed the trial court’s conviction of Paul R. Semenick for criminal trespass, as a Class A misdemeanor. Semenick, a long-time member of Lakeview Christian Church, was arrested and charged with criminal trespass and disorderly conduct following a scuffle at a Sunday worship service.

The incident began when Semenick told a volunteer greeter and other church members they were speaking too loudly. When one of the congregants placed his hand on Semenick’s shoulder to apologize, Semenick told him to “get your hand off me.” The volunteer greeter then brought into the sanctuary an off-duty police officer, Sgt. John Dierdorf, who patrols the church’s parking lot during services.

Although Semenick was seated and participating in the worship, the police sergeant asked him to leave. Semenick exited into the main hallway but did not leave the building and “kept on ranting,” referring to the police officer as a “rent-a-cop,” until he was arrested.

At the conclusion of the trial, Semenick was acquitted of disorderly conduct but convicted of criminal trespass. The trial court sentenced him to 365 days of imprisonment, suspending 363 days and ordering him to stay away from Lakeview.

Semenick appealed.

In reversing the trial court’s ruling in Paul R. Semenick v. State of Indiana, 49A02-111-CR-1035, the Court of Appeals ruled the state failed in its burden to prove material elements of criminal trespass because it did not provide evidence that disavowed Semenick’s contractual interest in being on the property and it did not delineate Dierdorf’s authority.  

Judge Paul Mathias dissented, concluding the evidence presented at trial was sufficient to support the jury’s conviction.

“Under the applicable standard of review for claims challenging the sufficiency of the evidence supporting a jury verdict, I conclude that the state presented sufficient evidence that Sgt. Dierdorf was an agent of the Church and that Mr. Semenick had no contractual interest in Church premises,” Mathias wrote. “And even if Mr. Semenick had some limited right to be on the Church premises, I believe his disruptive behavior terminated that limited right.”
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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