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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. 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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