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COA holds omission of 'voluntary' was not an error

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The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.

In Kevin C. O'Connell v. State of Indiana, No. 18A02-1109-CR-889, Kevin O’Connell argued that the trial court abused its discretion by not allowing the word “voluntary” to be added to the elements of the offenses he was charged with committing.

O’Connell stumbled into a gas station and knocked over a shelving unit before he lit a cigarette inside the store. The cashier asked O’Connell to leave, and once outside, he sat in his car, proclaiming that he was Jesus Christ, and then got out and sat by the entrance to the gas station. Police noticed a strong odor of alcohol on O’Connell and arrested him, and O’Connell later attempted to escape. He was convicted of Class C felony attempted escape, Class B misdemeanor disorderly conduct and Class B misdemeanor public intoxication.

The COA held that the substance of O’Connell’s tendered jury instructions was included in other instructions given by the trial court, and therefore, the instructions as a whole did not misstate the law or otherwise mislead the jury.


 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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