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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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