Demetrius Walker v. State of Indiana - 8/22/13

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Thursday  August 22, 2013 
10:30 AM  EST

10:30 a.m. 49A02-1205-CR-380. Walker was fighting with another man. Police repeatedly told the men to lie on the ground and stop fighting. When they did not do so, an officer said that if they did not lie flat on the ground immediately, they would both be tased. One man immediately dropped to the ground. Walker, with fists still clenched, stared at the officer for a second and then began to walk toward him. Two or three times, the officer told Walker to get on the ground. Walker did not obey and continued to approach. The officer deployed his taser. Following a bench trial in the Marion Superior Court, Walker was convicted of resisting law enforcement, a Class A misdemeanor. The Court of Appeals found sufficient evidence to support the conviction, and affirmed. Walker has petitioned the Supreme Court to accept jurisdiction over the appeal.

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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