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Justices divided over man’s conviction of criminal trespass

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The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.

In Walter Lyles v. State of Indiana, 49S02-1201-CR-49, Walter Lyles appealed his conviction of Class A misdemeanor criminal trespass. He went to a branch of his bank to receive a free print out of his account, but the bank policy requires a $6 fee for a statement. He became “irate and disrespectful” and was asked to leave several times by bank employees. A police officer came when Lyles refused to leave and arrested him after asking him multiple times to leave.

The Court of Appeals reversed.

Lyles argued that there was insufficient evidence for the trier of fact to infer that he lacked a contractual interest in the real property of the bank. The term “contractual interest in the property” isn’t defined in the criminal trespass statute or anywhere else in Indiana Code.

“At trial, there was evidence that the defendant was neither an owner nor an employee of the bank as well as evidence that the bank manager had authority to ask customers to leave the bank premises. This evidence, taken together, refuted each of the most reasonably apparent sources from which a person in the defendant's circumstances might have derived a contractual interest in the bank's real property: as an owner, as an employee, and as an account holder. Thus, we hold that there was sufficient evidence from which a reasonable jury could infer that the defendant did not have a contractual interest in the bank's real property,” wrote Chief Justice Brent Dickson for the majority.

Justice Robert Rucker dissented, citing Court of Appeals caselaw that defines “contractual interest” in the criminal trespass statute as the right to be present on another person’s property, arising out of an agreement between at least two parties that creates an obligation to do or not to do a particular thing.

Based on existing precedent, Lyles had a contractual interest in the bank’s premises and his conviction for criminal trespass can’t stand. Evidence may have supported a disorderly conduct conviction, but the state did not charge him with that, Rucker wrote.
 

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  • Chase
    Just another example of the poor little guy (obviously, since he had a public defender) getting screwed by the morons at IMPD, our corrupt courts, and the big monster mega bank called Chase (which should have been allowed to fail during the financial crisis of 2008). I'm sure the report says IMPD officer asked him to leave multiple times, but they frequently falsify police reports, and the judges take them at their word.

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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