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Judges analyze 'use' of body armor for first time

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The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.

French Mason appealed his convictions of Class D felonies resisting law enforcement and unlawful use of body armor. Police responded to a burglary in progress report at an Indianapolis apartment complex and began searching for the suspect or suspects. The police saw two men lying in the backseat of a car, identified themselves as police officers, and ordered the men out of the car.

Mason, one of the men in the car, got into the front seat and drove the car toward an officer. After police shot at it a few times, the other passenger got out after the car stopped and he surrendered. Mason kept trying to drive the car, crashing it several times. Police eventually used a Taser on him and took him into custody. Police discovered he was wearing a bullet proof vest while he was being checked out for injuries. Mason claimed to be wearing it because he was trying to sell it to someone in the apartment complex that night.

He was convicted of three counts of resisting law enforcement, which were merged, and one conviction of unlawful use of body armor.

In French C. Mason v. State of Indiana, No. 49A02-1005-CR-475, the judges affirmed Mason’s conviction of resisting law enforcement – elevated to a Class D felony because he used a vehicle to resist. There was sufficient evidence that Mason knew the men were police officers.

On this challenge to his conviction of unlawful use of body armor, the judges had no caselaw on which to rely. Only one previous case, Haggard v. State, 771 N.E.2d 668 (Ind. Ct. App. 2002), discusses the same crime, but doesn’t clarify what constitutes “use” of body armor.

The judges believed there to be two possible interpretations of “use” under the statute defining unlawful use of body armor: that merely wearing body armor constitutes use; or that in order to “use” body armor, one must expect it to afford reasonable protection during the commission of a felony.

Using the definition of “use” as provided in the Webster’s II New College Dictionary, they chose the interpretation that a defendant must “knowingly or intentionally” use body armor as protection in the course of a felony.

“Here, Mason does not dispute that he knowingly or intentionally wore body armor, but he does dispute that he knowingly or intentionally wore it as protection against law enforcement,” wrote Judge Patricia Riley. “We cannot agree with this assertion, however. We have previously held that ‘intent is a mental function and without a confession, it must be determined from a consideration of the conduct, and the natural consequences of the conduct.’ Accordingly, intent may be proven by circumstantial evidence.”

They found sufficient evidence to show Mason intended to wear the body armor to protect him in the commission of resisting law enforcement.

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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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