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

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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.”

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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