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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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