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COA reverses conviction based on charging information

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Because the charging information did not give a defendant fair notice of the crime of which he was convicted, the Indiana Court of Appeals reversed his Class B felony attempted aggravated battery conviction.  

Billy Young, Latoya Lee, Marquise Lee and an unidentified man went to the apartment of Ramon Gude two days after Latoya Lee got in a fight with Gude’s girlfriend, Tiara Robertson. Marquise and Ramon began fighting. The unidentified man shot Ramon much to the surprise of Young and Marquise Lee. Ramon died of his injuries and the three known assailants were charged with murder and conspiracy to commit murder.

After a two-day bench trial, the judge determined the proof was insufficient to support the charges, but that the state had proven beyond a reasonable doubt that Latoya Lee was going to arrange for a “beat down” of Ramon. The judge convicted each co-defendant of Class B felony attempted aggravated battery.

At first blush, it could seem that attempted aggravated battery could be an inherently lesser included offense of murder, but under the circumstances of this case, that conviction is not appropriate, the appeals court held in Billy Young v. State of Indiana, 49A02-1310-CR-868.

“It stands to reason that the facts alleged in the charging information must be the same facts that form the basis for a lesser included offense,” Judge Margret Robb emphasized. “The trial court found the alleged facts underlying Young’s murder charge were not proved beyond a reasonable doubt, and his conviction for attempted aggravated battery was based on other evidence presented at trial. Thus, Young’s attempted aggravated battery conviction is not a lesser included offense of the murder charge.”

“Young was denied the ability to limit his defense when he was convicted of a crime despite the trier of fact’s belief that a connection between Young and the charged murder was not proved beyond a reasonable doubt. Because Young was convicted of a crime entirely different from the one with which he was charged, his conviction cannot stand,” she wrote.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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