ILNews

Conviction splits COA in determining actions of a ‘reasonable person’

Back to TopCommentsE-mailPrintBookmark and Share

In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.

The case originated from two separate protection orders issued against William Chavers by two different courts in Marion County.

One civil-protection order was issued by Marion Superior Court 21 on July 16, 2012, but dismissed Sept. 10, 2012. The other no-contact order was signed by Marion Superior Court 16 on Sept. 17, 2012, as a condition of Chavers’ probation following his guilty plea for Class D felony criminal confinement.

Court 16 noted the no-contact order could be vacated at the victims’ request.

A few days after the Sept. 17 hearing, Amber Cushenberry, one of Chavers’ victims who had sought the original protective order, went to Court 21 to ask the protective order be removed. She was given paperwork indicating that the order had already been dismissed. She did not go to Court 16.

On Sept. 20, 2012, Cushenberry told Chavers that she had the protective order dismissed and he could come to her home.

However, when Indianapolis Metropolitan Police discovered Chavers at Cushenberry’s home, he was charged and subsequently convicted of Class A misdemeanor invasion of privacy in violation of Court 16’s no-contact order.

Chavers appealed on the grounds that his violation of the Court 16 order was a mistake of fact, negating his culpability.

The Court of Appeals affirmed his conviction, ruling in William Chavers v. State of Indiana, 49A04-1211-CR-580, that Chavers failed to show he made an honest and reasonable mistake of fact.  

Writing for the majority, Judge Paul Mathias concluded even if Chavers mistake was honest, it is not clear that his mistake was reasonable. Chavers did not ask to see Cushenberry’s documentation and instead relied only on her assertion even though he had been informed by his probation officer that day that the no-contact order was still in effect.

“In the face of such conflicting information, a reasonable person would attempt to verify the validity of the order, by looking at the dismissal papers personally, or by contacting the clerk of the issuing court,” Mathias wrote. “This is especially true of a man who had just been convicted and sentenced for D felony criminal confinement.”

In his dissent, Judge John Baker disputed that Chavers knowingly violated the order of protection. He pointed out the confusion Cushenberry had between the orders from the two courts and the confusion of the arresting officer.

“Under these circumstances, I cannot conclude that there was sufficient evidence to convict Chavers,” Baker wrote. “He was not with Cushenberry when she tried to get the no contact order vacated, and an average person could be easily mistaken regarding the exact superior court number where he or she needed to go to get a no contact vacated, especially in a county as large as Marion.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT