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Court orders new arson trial

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The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.

David L. Gibbs v. State of Indiana, No. 49A02-1010-CR-1074, presented an issue of first impressions regarding when exactly a jury trial has "commenced" for purposes of amending charging information pursuant to Indiana Code 35-34-1-5(b). David Gibbs appealed his conviction of Class B felony arson, in which the trial court allowed the state to make a substantive amendment to the charging information after voir dire.

Gibbs was charged with three counts of Class B felony arson of a multi-family residence, with two of the charges specifically naming Gibbs' neighbors as having their residences damaged. He allegedly started the fire in his own apartment. The other charge named a business that had its property damaged. The state made amendments to two of the counts before the trial started, and read the amended charges to the jury during voir dire. Then, the state moved to amend the information to omit the neighbors' names. Gibbs objected, but the state allowed it.

The appellate judges found the state's amendments to Gibbs' charging information were substantive because as Gibbs had argued in his objection, he planned to argue he wasn't guilty of the charges because the fire did not actually cause damage to the two neighbors' apartments.

They looked to other jurisdictions to find it is a widely accepted rule that a jury trial begins with voir dire, so since Gibbs' trial had commenced with voir dire, allowing the estate to make substantive amendments to his information after that point was an error, wrote Judge Patricia Riley.

Gibbs also challenged the determination that he was competent to stand trial. He requested a psychiatric examination, in which two psychologists examined him. He was found not competent to stand trial and committed for competency restoration services. Months later, the trial court realized it didn't properly follow I.C. 35-36-3-1, which requires an examination by a psychiatrist as well, and appointed one to examine him. The psychiatrist was unable to personally evaluate Gibbs because he was uncooperative.

He was later found to be restored to competency, and the trial court denied Gibbs' motion for psychiatric examination to determine his competency.

Although the trial court erred by not originally having a psychiatrist examine him before his competency hearing, it was a harmless error because the trial court did not declare him competent to stand trial as a result of the error.

The judges vacated Gibbs' arson conviction and remanded for a new trial.  
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. 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

  4. 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

  5. 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

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