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Judges rule state lacks authority to appeal dismissed case

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The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.

In State of Indiana v. Raymond P. Coleman, 29A05-1108-CR-435, the Court of Appeals held that the state had no grounds to attempt to reinstate two counts of Class B felony criminal confinement, two counts of Class C felony battery, and one count of Class D felony pointing a firearm against Raymond Coleman for an alleged incident.

The state requested the dismissal, and the trial court granted it, after Coleman objected to the state’s request that the court declare the victim unavailable and enter her deposition testimony into evidence.

The court declined to find the victim unavailable, preventing deposition testimony from being admitted into evidence. After the trial court denied the state’s motion to reconsider, the state moved to dismiss, which the court granted.

In its appeal, the state argued that Indiana Code 35-38-4-2(5) gave the state authority to appeal by stating appeals are permitted “from an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution.”

But the unanimous appeals court ruling held that Coleman didn’t move to suppress evidence, but rather objected on the basis that she was not an available witness.

“In light of the clear language of the statute, we are not at liberty to conclude that the legislature has authorized the state to appeal any adverse evidentiary ruling that deals a fatal blow to the state’s case,” Senior Judge William Garrard wrote for the unanimous panel.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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