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Court: Man never raised defense to attempted robbery

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The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.

Adam Bigger attempted to rob a Fort Wayne bank in December 2012 by providing a note to a teller. The teller disappeared for a moment to retrieve a key for her cash drawer, and when she returned, had her hands in the air. Bigger then left the bank.

Bigger was convicted of attempted robbery as a Class C felony and sentence to eight years.

In Adam Bigger v. State of Indiana, 02A03-1308-CR-315, Bigger contended the state’s evidence wasn’t sufficient to disprove his defense of abandonment. The state argued that Bigger waived this issue because he did not raise the defense before or during his trial.

The judges agreed with the state, noting that Bigger needed to assert the defense in some manner, otherwise, the trier of fact would not know to consider the defense in its deliberations of a defendant’s guilt. As such, the issue is waived.

The COA affirmed his sentence, which is the maximum for a Class C felony, pointing to his sizable criminal history at the age of 28, which included 11 misdemeanor convictions and one felony conviction involving drugs.

“It is clear that numerous prior brushes with the law have proven ineffective to rehabilitate Bigger, and this offense is further proof that a longer period of incarceration is appropriate. Bigger has not carried his burden of persuading this Court that his sentence has met the inappropriateness standard of review,” Senior Judge John Sharpnack wrote.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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