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

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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.


 

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  • 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.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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