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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. 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.

  3. 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

  4. 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

  5. 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

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