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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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