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. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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