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COA says argument over wording of robbery statute is issue of first impression

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An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.

The appellants in Kenyatta Erkins and Ugbe Ojile v. State of Indiana, 58A01-1205-CR-215, raised multiple issues in their appeal of their convictions for Class A felony conspiracy to commit robbery resulting in serious bodily injury and Class A felony attempt to commit robbery resulting in serious bodily injury.

In particular, Kenyatta Erkins and Ugbe Ojile asserted that the evidence was insufficient to support their convictions for Class A felony conspiracy because the would-be victim was not harmed.

The pair had been watching while the potential victim, S.M., played cards at the Grand Victoria Casino. Although they subsequently talked on their cell phones about how much money S.M. had and about robbing S.M., they never actually robbed the would-be victim.

Early the next morning, Ohio police stopped and searched Erkin’s vehicle. They found dark clothing, camouflage gloves, a roll of duct tape, and a .49 caliber Glock handgun, a BB gun and a .40 caliber cartridge.

Erkins and Ojile were charged and found guilty.

On appeal, the pair contended the evidence was insufficient to support their convictions for Class A felony conspiracy to commit robbery resulting in serious bodily injury. They argued the use of the word “results” in the robbery statute, Indiana Code 35-42-5-1, requires the actual existence of serious bodily injury.
 
The appeals court noted this is an issue of first impression. The appellants cited no caselaw supporting their argument and the court did not find any cases, either in Indiana or its sister states, that address this issue.

Still, the COA pointed out Erkins and Ojile were not charged with robbery but rather charged and convicted of conspiracy.

The court concluded that the evidence is sufficient to support a conviction for a Class A felony conspiracy to commit robbery where the state establishes beyond a reasonable doubt that the co-conspirators intended and agreed to cause serious bodily injury to the victim in perpetrating the robbery.

Accordingly, the COA found an individual could find beyond a reasonable doubt that the appellants intended and agreed to harm S.M. when they robbed him.

The COA, rejecting Erkins’ and Ojile’s argument on the sufficiency of the evidence along with the other arguments they raised, affirmed the pair’s convictions.  
 

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  • Illegal search
    Cops stopped and searched the car, didn't read anything about a search warrant, which without, violated their 4th ammendment rights the right to privacy. Also did not see any reason for making a traffic stop!
  • COA screws up again
    I want to caution everyone, if going to a costume party, have your costume delivered to the party, dress there, remove and discard before leaving. It appears that our courts can lock people up, even when there is no actual victim or no actual crime. I assume a jury made this conviction and I hope you got home in time for dinner. Juries in the United States have become a joke. A bunch of strangers sitting in judgement of another human being, for the most part don't give a crap about that person. They are more concerned with getting out of there, so they can do whatever they want to do!

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  1. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  2. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  3. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  4. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  5. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

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