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COA vacates sex-abuse confinement conviction as double jeopardy

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The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.

Frank Jacobs was convicted of both counts in Marion Superior Court that heard evidence that he forcibly performed oral sex on a minor boy. In Frank Jacobs v. State of Indiana, 49A04-1304-CR-183, the appeals court ruled “Jacobs did not use more force than was necessary to commit criminal deviate conduct, and Jacobs’ conviction of confinement based on the same force subjected him to double jeopardy.”

Vacating the lesser charge is unlikely to affect Jacobs’ sentence, however. He was sentenced to 10 years in prison on the deviate conduct charge and four years for confinement, to be served concurrently.

Judge Melissa May wrote for the panel that Jacobs’ arguments that the trial court abused its discretion by excluding testimony about the victim’s truthfulness and refusing his request to admit evidence from Jacobs’ son. Any error in refusing such testimony was harmless, May wrote, because of independent evidence of Jacobs’ guilt.

 

 

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  1. 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

  2. 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

  3. 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

  4. 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.

  5. I totally agree with John Smith.

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