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Court affirms convictions of man who shot at teenagers

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A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.

Donald Gregory Huls appealed his convictions of Class D and Class C felony criminal recklessness. Huls was outside his home around midnight when he began shooting in the direction of four teens walking near his property along a highway on the way to a convenience store. A bullet hit one of the teens in the leg. Even after the teens yelled that they were leaving, he fired again. Huls then called 911 and told the dispatcher he shot at people trying to break into his home.

He claimed on appeal he was entitled to a mistrial based on prosecutorial misconduct because during a witness testimony, the state objected to Huls attempting to show the witness a copy of Huls’ statement by saying “the defendant is here to testify.” Huls argued that the prosecutor improperly commented upon his failure to testify in violation of his privileges against self-incrimination.

The Court of Appeals found that the statement was isolated in nature and it didn’t appear that the prosecutor was trying to prejudice the jury to deprive Huls of a fair trial. The judges also affirmed the rejection of Hul’s proposed jury instructions on self defense and the defense of mistake of fact, finding the instructions either incorrectly stated the law on self-defense or weren’t supported by the evidence.

The judges also disagreed with Huls that the evidence at trial showed he shot at the teens because he believed it was necessary to protect himself and his property. The teens never entered his property, he opened fire without identifying his target, and he continued to shoot even after one of the teens shouted at Huls to stop firing and that they were leaving. Police found 14 shell casings on Huls’ property from that night.

 

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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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