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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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