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COA: Rule of incredible dubiosity not applicable

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The Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony about the altercation wasn't subject to the rule of incredible dubiosity.

In Shean West v. State of Indiana, No. 49A02-0812-CR-1084, Shean West argued because his wife's testimony contained some discrepancies compared to the police officer who testified at West's trial, the rule of incredible dubiosity should discredit Peggy West's testimony.

The appellate court concluded the rule of incredible dubiosity isn't necessarily rendered inapplicable merely because there is more than one witness who testifies for the state, wrote Senior Judge Patrick Sullivan. Peggy testified the altercation with her husband escalated from inside their apartment to outside near his truck and that he pushed her with such force she hit her head on the top of the truck and it hurt badly. The police officer testified Peggy knocked on his car window and told him that West had pushed her and she hit her head. He stated she didn't have visible injuries and she didn't want medical attention.

Peggy's testimony wasn't so incredibly dubious or inherently improbable that no reasonable trier of fact could believe it and her testimony shouldn't be disregarded merely because it doesn't precisely match other evidence or contains some discrepancies, wrote the senior judge.

"The standard for the rule is 'inherent contradiction' in the testimony of the witness under consideration, not whether that testimony may be in contradiction to the testimony of other witnesses," wrote Judge Sullivan.

The fact the police officer didn't see any visible injuries or bruises on Peggy doesn't detract from her testimony regarding hitting her head on the truck when West pushed her.

The appellate court declined to view Peggy's testimony in light of the officer's because that would be reweighing the evidence and assessing her credibility.

"Even were we to do so and note that Peggy West's trial testimony was more extensive as to the events which transpired than what she specifically told Officer Gates, such difference or differences do not indicate that her testimony is in contradiction to the testimony of the Officer," he wrote.

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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