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Judges disagree on when escape occurs

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The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules. The dissenting judge believed that based on statute, the inmates could be charged with escape.

In State of Indiana v. Misty Moore, et al., No. 28A01-0903-CR-111, Chief Judge John Baker and Judge Patricia Riley examined Indiana Code Section 35-44-3-5(a), which defines when someone commits Class C felony escape, and determined the facts of the case don't support criminal charges.

To prove the inmates committed escape, the state had to establish they intentionally fled from lawful detention, which in this case was a penal facility. Misty Moore and five other female inmates climbed through the ceiling of their jail cells to reach the male cell block, where they would fraternize with the male inmates at night.

The majority dismissed a number of cases from other jurisdictions the state argued support its argument, and instead relied on Louisiana v. Liggertt, 363 So.2d 1184 (La. 1978), State v. Davis, 271 N.W.2d 693 (Iowa 1978), and State v. Buck, 724 S.W.2d 574 (Mo. Ct. App. 1986), in which other courts have reached the same conclusion as the trial court in the instant case - that rules may have been broken but no crime was committed, wrote Chief Judge Baker.

"We acknowledge that the relevant statutes could be drafted more artfully and explicitly, but given the well-established rules that we construe penal statutes strictly against the State and that ambiguities should be resolved in favor of the accused... close calls such as this one must be resolved in the defendants' favor," he wrote.

Judge Ezra Friedlander found the cases that the majority dismissed to be instructive and believed the statute applies even when an incarcerated person escapes from a cell, but didn't intend to leave the boundaries of the penal facility. Judge Friedlander relied on Crowder v. State, 812 S.W.2d 63 (Tx. Crim. App. 1991), State v. Sugden, 422 N.W.2d 624 (Wisc. 1988), and State v. Padilla, 113 P.3d 1260 (Colo. Ct. App. 2005), in which those cases relied on similar language as found in Indiana's statute.

"Drawing from these cases, it cannot seriously be argued that it does not promote public safety or facilitate efficient institutional administration to read 'flees from lawful detention' so narrowly as to exclude the act of breaking out of an area of confinement within the walls of a detention facility, for whatever purpose and with the intent to go anywhere else, whether within or without the outer boundaries of that facility," he wrote.

Judge Friedlander also takes issue with the majority's stance that it seems escaping out of a cell is either the crime of escape or a matter of prison discipline. Breaking out of a cell can be both, he wrote. If a prisoner assaults another inmate, he can be punished by the facility and also face criminal charges. The judge also noted that in past versions of the escape statute, the legislature was more specific in defining escape as leaving the boundaries of particular facilities.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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