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Court rules on mistaken statutory language

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A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.

The Indiana Court of Appeals ruled Monday in State of Indiana v. Skylor Gearlds, No. 90A02-1105-CR-433.

In September 2010, the state charged Skylor Gearlds with Class A misdemeanor operating a motor vehicle while suspended based on a previous violation within the past 10 years. Gearlds had previously been convicted in April 2009 of OWI while suspended as an infraction. Specifically, the statute at issue is Indiana Code 9-24-19-2 that was added in 2000 after a preceding statute was repealed.

Wells Superior Judge Everett Goshorn dismissed the misdemeanor because the statute contains a mistaken cross-reference to statutes that no longer exist. Basically, it allows for a driving while suspended infraction to be enhanced when the driver either has a previous OWI conviction or when that previous conviction is within 10 years of the commission of any previous criminal offense.

The judge issued an order that said the statute erroneously refers to “subdivision (1)” rather than the unnumbered first paragraph of the statute and doesn’t define a criminal offense. The statute must be strictly construed, regardless of the intention of the Legislature, and the judge found no viable criminal charge for driving while suspended as a Class A misdemeanor exists under that statute.

The Court of Appeals reversed, finding that to be an error because the statute remains enforceable as written.

“We conclude that although there is a mistake in the statute, it is clear that the legislature did not intend to elevate all driving while suspended offenses with prior convictions but rather only intended to elevate those offenses where the offender had a prior conviction within 10 years of the new offense,” Judge Nancy Vaidik wrote. “Put differently, the statute was intended to proscribe less conduct than the literal words of the statute do.”

Although the provision is a mistake, the intent remains to create an enhanced penalty for those who have a prior unrelated judgment for driving without a license within the past 10 years.

“This was merely an oversight that carried over from the old statute,” she wrote. “We presume that the legislature intended for the language to be applied logically and consistent with the underlying goals and policies of the statute. Moreover, we will not presume that the legislature intended to do a useless thing.”

The appellate court wrote that the Indiana General Assembly should amend IC 9-24-19-2 to remove the erroneous language to avoid any future litigation on this issue.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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