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COA reaffirms separate convictions for check theft not warranted

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The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.

In April,  the COA reversed several of Sterlen Shane Keller’s theft convictions based on the single larceny rule. He had in his possession a Social Security check and Edward Jones checks that belonged to Robert Collier. He took the checks from Collier’s mailbox on one occasion.

The state argued that Keller made an independent decision to exert control over the three Edward Jones checks by cashing them, which is separate from his taking of the Social Security check from the mailbox.

“Contrary to the State’s assertion, we cannot disregard Keller’s act of taking the checks from the mailbox because that is the point at which Keller began knowingly or intentionally exerting unauthorized control over them with the intent to deprive Collier of their value or use,” Judge Michael Barnes wrote in Sterlen Shane Keller v. State of Indiana, 59A01-1206-CR-271.

“Regardless of what Keller did with the checks after he took them — whether he put them in his garage or cashed them — he committed the offense when he took the checks from Collier’s mailbox and from that point on he committed a single continuing act of theft.”

The judges also weren’t persuaded by the state’s argument that its earlier holding disserves the purpose of the single larceny rule: to punish a single criminal design only once.

“To the extent that Keller’s subsequent decision to cash some of the checks he had taken evidenced an additional criminal design, the State could have charged him with the theft of those funds (as opposed to theft of the checks), forgery, or any other applicable offense,” Barnes wrote. “The State’s decision not to charge Keller for the act of cashing the checks further underscores the importance of the charging documents and its contents.”

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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