ILNews

Dissenting judge argues tenants can’t ask drunk, disorderly man outside door to leave

Back to TopCommentsE-mailPrintBookmark and Share

An argument that tenants of an apartment complex may not ask a drunk and threatening man to leave common areas convinced one judge, but the majority of an appeals panel found otherwise, warning that such a holding would “defy logic and lead to an absurd result.”

A divided Indiana Court of Appeals affirmed multiple convictions in Jeremiah Walls v. State of Indiana, 55A05-1211-CR-603, for which Walls was sentenced to three years in prison.

Walls, intoxicated, rambling and falling down, awoke residents of Countryside Apartments in Martinsville shortly after 5 a.m. on July 1, 2012. He began tapping on a resident’s door with his feet, which awakened the tenant who asked him to leave. Walls later knocked on the resident’s door and asked to spend the night. The resident refused and Walls began pounding on the door and yelling.

Walls later attempted to enter the apartment of another tenant awakened by the disturbance. He tried to kiss her hand and grabbed her neck, according to the record. The woman and her roommate managed to push Walls out and lock the door, after which Walls began banging on that door.

Police soon came and Walls was arrested; the intimidation charges came from his threat to kill an officer and the officer’s father.

A Morgan Superior jury convicted Walls of two counts of Class D felony intimidation and misdemeanor counts of resisting law enforcement, criminal trespass, two counts of battery and disorderly conduct. A divided appeals panel affirmed the conviction and sentence.

Dissenting Judge Patricia Riley said she would affirm all of the convictions against Walls except for criminal trespass. Citing Aberdeen Apartments v. Cary Campbell Realty Alliance, Inc. 820 N.E.2d 158, 164 (Ind. Ct. App. 2010), Riley wrote, “Our court has already established case law on this issue, and though it may seem ‘absurd’, this court has strictly interpreted the criminal trespass statute which requires that entry on property be denied by either the owner or its agent.

“Pursuant to Aberdeen,” Riley wrote, “tenants of Countryview Apartments … only had exclusive possession of the apartments they leased and not of the common areas. They could therefore not ask Walls to leave the common areas of the apartment.”

“We need not resolve the precise nature of tenants’ rights to or status when in the common areas of an apartment complex in this case,” Judge Elaine Brown wrote. “We need address only whether (the tenants) had a sufficient interest in their leased apartment units to support their requests for Walls to leave the areas immediately outside their doors.”

“Walls was not merely present in the common areas but also was positioned immediately outside the doors giving access to the leased apartment units, persistently banging on the doors to the units, and in (the roommates’) case, had his foot through the threshold of the door,” the majority held.

“Under the circumstances of this case, the tenants, while not in exclusive control of the common areas, had a sufficient possessory interest in, at a minimum, their apartment doors, the threshold of their apartments, and the immediate adjacent areas by which they accessed their leased apartment units, to request that a person leave that specific area and stop persistently banging on their doors. A rigid rule, applied without exception, that a tenant does not have a sufficient possessory interest in such property would defy logic and lead to an absurd result,” Brown wrote.


 

ADVERTISEMENT

  • How much is it going to cost taxpayers/
    We now have a drunk going to prison for up to 3 years and the taxpayers are going to pay for it. The drunk now has a felony on his record and may now become permanently unemployable as no employer will want to hire him. He presumable can get government assistance after he gets out. The county prosecutor needs to think about this.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT