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Court rules stun gun is deadly weapon under battery statute

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The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.

The panel in Chad Matthew McClellan v. State of Indiana,  29A05-1401-CR-7 did not accept McClellan’s argument that evidence presented at trial was insufficient to prove that the battery was done with a deadly weapon.

Judge Paul Mathias wrote that McClellan used a stun gun on Billy Burke after forcing his way into Burke’s trailer at the Tall Timbers park. He also told Burke it was his “last day,’ according to the record. Burke was able to throw out McClellan, and other park residents subdued him until authorities arrived.

“From this evidence, the statutory definitions given as part of the final instructions, and using its collective common sense, the jury could reasonably conclude that McClellan committed battery by means of a deadly weapon, i.e. a stun gun that could ordinarily be used in a manner readily capable of causing serious bodily,” Mathias wrote for the panel.



 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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