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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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