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COA: Man not entitled to have restricted access to OWI conviction

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Because a man committed another crime while on probation, he failed to satisfy the obligations imposed as part of his sentence, so he did not qualify to have access to his conviction records restricted under Indiana Code 35-38-8, the Indiana Court of Appeals affirmed.

Austin Pittman was convicted of Class C misdemeanor operating a vehicle while intoxicated with a blood-alcohol content of 0.10 or more in December 2000. He was placed on probation, with terms that he abstain from the consumption of alcohol. But he was charged with Class D felony operating while intoxicated with a BAC of 0.10 or more in March 2001. In March 2013, he petitioned to restrict access to the record of conviction for the misdemeanor. The trial court denied his petition based on his subsequent conviction of OWI after the initial conviction.

“Indiana Code sections 35-38-8-3 and 35-38-8-4 clearly and unambiguously require that, before a trial court may restrict access to records of a person’s conviction, the person must have ‘satisfied any other obligation imposed on the person as part of the sentence.’ Here, as part of Pittman’s sentence, he was placed on supervised probation. The terms of his probation included that he abstain from alcohol and not commit any new criminal offenses. Instead of satisfying these obligations, Pittman drank alcohol, drove while intoxicated and was subsequently convicted for another OWI offense, this time a Class D felony which resulted in his admission that he violated the terms of his probation. We therefore agree with the trial court that Pittman did not satisfy all obligations imposed on him as part of his sentence,” Judge Paul Mathias wrote in Austin G. Pittman v. State of Indiana,  06A05-1305-CR-243.

The court noted that I.C. 35-38-8 has since been replaced with 35-38-9, but Chapter 8 was in place at the time the trial court ruled on his petition.

The judges also rejected the state’s claim that it did not have jurisdiction over the appeal, noting that a trial court’s alleged lack of personal jurisdiction does not deprive the court on appeal of jurisdiction.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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