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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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