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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. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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