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Judges uphold man’s resisting law enforcement conviction

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Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.

Police responded to a call regarding battery on a person. Freddie Patterson and his cousin appeared intoxicated and did not have any visible injuries. Both said Patterson’s wife, Martha, struck them with her cane. While talking to the wife, Patterson became angry and got in the face of one of the officers in such a manner that the officer felt threatened. When he pushed Patterson back, Patterson charged him again. The two officers struggled to handcuff Patterson and considered using a Taser, but, instead, one officer struck Patterson with an open hand on his face. They were then able to handcuff him.

Patterson was convicted of Class A misdemeanor resisting arrest. In Freddie Patterson v. State of Indiana, 49A02-1311-CR-944, he argued that the evidence doesn’t support his conviction and that the trial court erred by giving an edited version of a jury instruction he tendered and by adding a sentence to another instruction.

The judges rejected Patterson’s claim that the officers used excessive force, thus justifying his actions. They pointed to the officer’s testimony that he felt threatened by Patterson, who was taller and heavier than the officer and that the officers wrestled with Patterson for several minutes before striking him with an open hand in order to handcuff hm.

Patterson claimed the deleted sentence from his tendered jury instruction was an abuse of discretion because none of the other instructions addressed the privilege to resist when an officer uses excessive force. But several other instructions – including the one in which a sentence was removed, adequately addressed Patterson’s right to lawfully resist if the officers used excessive force, Judge Rudolph Pyle III wrote.

Also, there was no fundamental error when the court added a sentence suggested by the state regarding forcibly resisting. The judges found the sentence helps to fully define “forcibly resists” and does not present an appellate standard of review as Patterson argued.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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