ILNews

Court reverses motion-to-dismiss denial

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals reversed the denial of a defendant's motion to dismiss because he was improperly subjected to successive prosecutions prohibited under Indiana Code 35-41-4-4.

In Virgil Lee Haywood, Jr. v. State of Indiana, 48A02-0612-CR-1131, police approached Haywood after an alleged drunk-driving incident. Haywood's child was in his car, and he smelled of alcohol and failed several field sobriety tests. Haywood struggled with police and kicked an officer in the leg while refusing to sit in the back a police car. Haywood was charged in Madison County Court with neglect of a dependent, a Class D felony; operating a vehicle while intoxicated, a Class A misdemeanor; operating a vehicle with a BAC of .08 or more, a Class C misdemeanor; and operating a vehicle while intoxicated as a Class D felony.

In City Court, Haywood was charged with battery against a police officer, resisting law enforcement, and violation of probation. Haywood pleaded guilty to the City Court charges under a plea agreement.

He later filed a motion to dismiss the charges in county court, claiming prosecution on those charges was barred by previous prosecution of the City Court charges. The trial court denied his motion.

The Court of Appeals looked to Williams v. State, 762 N.E.2d 1216, 1219 (Ind. 2002) to determine whether the trial court properly denied Haywood's motion. The court had to decide if Haywood's offenses were part of a single scheme or plan that would require they should have been joined in the initial prosecution, which is required under the Successive Prosecution Statute to bar prosecution by reason of a previous prosecution.

The state conceded Haywood's charges all relate to the same incident but his motive for each conviction was different enough to warrant separate cases.

Just as in Williams, the defendant in this case committed a crime and then committed another in an attempt to avoid being caught for the original offenses. The court in Williams held that Williams' flight from the arresting officer did not break the continuity of the defendant's acts to require separate trials.

"As in Williams, it is apparent that Haywood's offenses were part of a single scheme or plan, and the Successive Prosecution Statute bars further prosecution on the (County Court) charges," wrote Chief Judge John Baker.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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