ILNews

COA finds double jeopardy in DeLaney attacker's case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.

In Augustus Mendenhall v. State of Indiana, No. 29A02-1104-CR-353, Augustus Mendenhall, the man who beat and held at gunpoint Rep. Ed DeLaney, D-Indianapolis, in October 2009 because of a long-standing dispute in which Mendenhall blamed DeLaney for his family's legal issues, appealed his convictions.

Mendenhall, an attorney who was admitted to practice in 2008 but has since been permanently disbarred as a result of his attack on DeLaney, was convicted of Class A felony attempted murder, Class A felony robbery resulting in serious bodily injury, Class B felony aggravated battery, Class B felony criminal confinement and Class A misdemeanor resisting law enforcement.  A jury found Mendenhall guilty but mentally ill on all counts, and Hamilton Superior Judge William Hughes sentenced him to an aggregate term of 40 years.

On appeal, Mendenhall raised five issues that included the trial court’s denying his motion for mistrial, his objection to allowing the state to present a rebuttal witness, and whether the state should have been allowed to present rebuttal to Mendenhall’s case following court-appointed medical witness testimony. The court affirmed on those issues, as well as on claims questioning the evidence sufficiency.

But in examining double jeopardy questions, the appellate court found that the Class B felony conviction for aggravated battery and Class A felony conviction for robbery resulting in serious bodily injury violate Indiana’s probation against double jeopardy. The court remanded with instructions to reduce the robbery conviction to a Class C felony.

 

ADVERTISEMENT

  • Thanks...
    ...for making the correction.
  • Error in story
    This statement in your story is inaccurate: "because of a long-standing legal dispute that had involved DeLaney’s representation of Mendenhall’s father..." Mr. DeLaney represented a client ADVERSE to Mendenhall's father.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

    2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

    3. Typo on # of Indiana counties

    4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

    5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

    ADVERTISEMENT