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Judges affirm criminal recklessness conviction

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Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.

Kenneth Tipton shot at police who arrived at his home to arrest him on suspicion of domestic battery. Some of the shots hit the house of Adam Mullis and his wife, who were not home at the time. Tipton was convicted of Class C felony criminal recklessness, dealing in marijuana and being a habitual offender.  

Tipton challenged his criminal recklessness conviction, arguing that the state didn’t prove the element “substantial risk of bodily injury to another person” because the Mullises weren’t home when the shots were fired.

The judges found Tipton’s acts did create a substantial risk of bodily injury to the couple. Tipton claimed that the house was not an “inhabited dwelling” as the statute requires since the Mullises weren’t home. The appellate court pointed out that it’s never addressed whether a dwelling remains “inhabited” when the people who live there are temporarily away from the home, but it cited decisions from other jurisdictions that are instructive.

“We adopt the reasoning of those courts that have held the fact the occupants of a house were not physically present does not lessen the risk of danger to others or the recklessness of his behavior and that shooting at a structure currently used as a dwelling poses a great risk or ‘high probability’ of death. We accordingly hold a residence may be ‘inhabited’ for criminal recklessness purposes if someone is likely to be inside,” Judge Melissa May wrote in Kenneth S. Tipton v. State of Indiana,
47A01-1201-CR-4.

 

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  • Stupid!
    This has to be the most stupid court decision I have ever heard. Endangering a person that is not there because they adopt reasoning of another stupid court! Ever hear of using common sense? GOD HELP US!!!

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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