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COA finds no error in Class A felony attempted robbery conviction

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After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.

In James Denning v. State of Indiana, 49A05-1208-CR-394, the appellate court was first tasked with deciding whether it had jurisdiction to consider James Denning’s appeal because he filed his notice of appeal before the trial court decided the issue of restitution. Denning was charged with and convicted of Class A felony attempted robbery for shooting Derek Schaffer while the two went to look at a place Schaffer wanted to rent. The state sought restitution, but was awaiting medical bills from Schaffer. The trial court said it would leave restitution open, but the final written sentencing order did not mention restitution.

“We have jurisdiction, as the trial court found Denning guilty and entered a judgment of conviction. The trial court, despite its oral statement it would ‘leave restitution open,’ entered a final sentencing order that did not impose restitution. Under those circumstances, we will not deprive Denning of his day in court based solely on a statement made during a hearing,” Judge Melissa May wrote.

The judges rejected Denning’s claim that there was insufficient evidence to convict him because Shaffer’s testimony was incredibly dubious.

“We decline to hold a witness’ statements are necessarily ‘incredibly dubious’ just because the witness is ‘evasive,’ ‘not forthcoming,’ or ‘reluctant’ to reveal information, especially where, as here, the challenged information has no apparent relevance to the elements of the offense with which the defendant was charged. Nor will we hold a statement is, regardless of its content, ‘incredibly dubious’ just because it is ‘squirrely,’” May said, referring to the trial court’s characterization of Schaffer’s version of the events as “squirrely and evasive.”

The COA also upheld the Class A felony conviction instead of a lesser Class C felony offense. Denning had a bench trial and “we presume that a trial court knows the law in Indiana,” May said. The state chose to charge him with Class A felony attempted robbery, and the state provided ample evidence to support that conviction.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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