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Judges say evidence supports a retrial

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Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.

Judges Elaine Brown and Cale Bradford granted Jason Lee Sower’s petition for rehearing, in which he argued the COA did not address his claim of insufficient evidence of sanity in its original decision. Earlier this year, the court reversed his Class D felony criminal reckless and resisting law enforcement convictions and remanded for proceedings.

Brown and Bradford adopted Bradford’s analysis on the evidence issue from his dissent in the original decision, which stated it was for the jury to weigh the evidence. The jury rejected his insanity defense on the charges that were ultimately reversed while finding him not responsible by reason of insanity of a charge of battery by means of a deadly weapon.

The two remanded Jason Lee Sowers v. State of Indiana, 08A02-1208-CR-640, for further proceedings. Judge Patricia Riley voted to deny rehearing.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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