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COA vacates conviction on double jeopardy grounds

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The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.

In Carlton Wright v. State of Indiana, No. 10A01-1009-CR-517, Carlton Wright appealed his convictions of Class A felony robbery and Class D felony criminal confinement, and claimed his sentence is inappropriate. The court held that the aggregate sentence of 50 years – the maximum sentence for his robbery conviction – was not inappropriate, given Wright’s criminal background and events surrounding the crime that reflect poorly on his character.

On December 24, 2009, Reinaldo Santiago encountered Wright and Kianna Ball at a Clarksville hotel. Santiago agreed to give the two a ride. After stopping to buy alcohol and withdraw cash from an automatic teller machine, Santiago – who spoke little English – drove Wright and Ball to a friend’s house to find someone to serve as translator.

When Santiago parked his van at his friend’s house, Ball pulled out a gun and pointed it at Santiago’s head, and Wright grabbed him to prevent him from moving. Wright then got out of the passenger seat and walked around to the driver’s side. Ball shot Santiago in the head, and Wright pulled him from the van, took the driver’s seat and drove away. Witnesses obtained medical assistance for Santiago, who was permanently blinded due to his injuries.

Police apprehended Wright later, shooting him in the buttock as he attempted to flee. The state charged Wright with robbery, resisting law enforcement, and criminal confinement as a Class B felony. The jury found Wright guilty of robbery and resisting law enforcement as charged, but convicted him of criminal confinement as a Class D felony.

The appeals court cited the state’s closing remarks at trial as support for Wright’s argument that the jury could reasonably infer that the same force he used to confine Santiago could also be the same force used in committing the robbery. The appeals court therefore remanded to the trial court to vacate the conviction for criminal confinement, citing Indiana’s double jeopardy standards. Wright did not appeal his convictions on other charges, but argued his sentence was inappropriate, as he was an accomplice to the shooting.

Citing Merriweather v. State, 778 N.E.2d 449, 458-59 (Ind. Ct. App. 2002), the appeals court ruled that a defendant is criminally liable for the use of a weapon by an accomplice, even if the defendant was not armed. The court held that Wright made no effort to protest Ball shooting Santiago, and that he did not seek medical treatment for the victim, or cooperate with police.

Wright was initially sentenced to serve his conviction for criminal confinement concurrently with the robbery sentence, so the court’s reversal of the criminal confinement conviction does not affect Wright’s overall incarceration.

 

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

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  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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