ILNews

Bad check in exchange for loan leads to conviction

Marilyn Odendahl
September 20, 2013
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A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.

Linda Neese was convicted of one count Class A misdemeanor check deception after she failed to make any payment on a bad check she issued to her friend, Thomas Reed. She had given Reed a check for $2,500 in exchange for cash so she could bail her son out of jail.

At that time, Neese told Reed she would not have the funds in her checking account to cover the check for another four months. Reed attempted to cash the check before the four months had ended but was told by Neese’s bank that her account was closed.

During her trial, Neese presented evidence that Reed knew there was insufficient funds to cover the check.

A unanimous Indiana Court of Appeals affirmed the conviction in Linda M. Neese v. State of Indiana, 41A01-1303-CR-138. The court found Neese did not meet the burden of proving her affirmative defense.

Although Reed had been told not to cash the check before April 15, 2011, he was led to believe the account until then would have insufficient funds. Neese did not tell Reed the check would not be honored because her accounted had been closed.

The Court of Appeals held the reasonable inference from those facts is that Neese knowingly issued the check on a closed account. She failed to show she shared that knowledge with Reed so he was not misled, deceived or defrauded by her.

“Where, as here, the payor cannot establish by preponderance of evidence that the payee know that the payor has insufficient funds to ensure payment of the check and that the check was not honored upon presentment for that reason, the affirmative defense has not been proven,” Judge Terry Crone wrote.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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