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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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