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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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