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COA upholds attorney's felony conviction

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The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.

In James R. Recker II v. State of Indiana, No. 49A04-0805-CR-262, James Recker was given probation and 180 hours of community service after pleading guilty to operating a vehicle while intoxicated as a Class D felony in March 2006. As part of the agreement, the trial court could enter the conviction as a misdemeanor after Recker completed his probation, which was set to expire in February 2007.

For his community service, Recker worked pro bono at various legal organizations. When his probation was set to expire, he still hadn't completed all the necessary hours. His probation was extended to give him time to complete them. At a hearing in December 2007, Recker argued he had finished the hours but Legal Services Organization hadn't reported all of his hours yet. Another hearing was set for Jan. 22, 2008.

Before that hearing, Recker was arrested and charged with operating a vehicle while intoxicated. At a new hearing in February 2008, he moved for his original conviction to be reduced because he completed community service prior to December 2007 and therefore wasn't on probation when he was arrested again. The trial court denied his motion.

Examining the applicable statute in this case, Indiana Code Section 35-38-1-1.5, the Court of Appeals unanimously affirmed the denial of Recker's motion. A trial court isn't required to convert a judgment to a Class A misdemeanor if it finds the defendant violated a condition set by the court or if the period of probation expired prior to the defendant successfully completing the conditions, wrote Judge James Kirsch. Recker violated two provisions of the statute: he didn't successfully complete the ordered 180 hours of community service before his probation originally expired in February 2007 and received several extensions in which to do so. As a result, the trial court wasn't required to convert his conviction, wrote Judge Kirsch.

Recker's drunk-driving arrest while on probation also prevented the trial court from reducing his earlier conviction, per I.C. Section 35-38-1-1.5(c).

The Indiana Supreme Court suspended Recker from the practice of law in Indiana March 13, 2009, pending further order from the high court or final resolution of any resulting disciplinary action, due to his being found guilty of operating a vehicle while intoxicated as a Class D felony with a habitual substance offender enhancement.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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