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Majority affirms conviction despite no witnesses

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An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.

In Cathy A. Crawley v. State of Indiana, No. 49A05-0905-CR-280, Indiana Court of Appeals Judge Patricia Riley believed the evidence of the case created a probability that Cathy Crawley was driving the car that crashed into an acquaintance's pool early in the morning, but that the probability is less than beyond a reasonable doubt. She based her dissent on previous rulings that dealt with the sufficiency of evidence to prove operation of a car, and found the majority's affirmation of Crawley's conviction goes against the precedent set by those cases.

Crawley was found by acquaintance Donald Jones in his backyard early in the morning in November 2008; she was soaking wet, wearing boxer shorts, a tank top, and no shoes. She was disoriented and asked if Jones had seen her car. After searching for a moment, she realized the car was partially in Jones' above ground pool. Crawley's purse, jacket, and cigarette butts were found by his hot tub. Jones believed she had been drinking and Crawley admitted to taking pills used to treat seizure disorders and panic attacks. No one had seen her drive the car into the pool, but she was alone when she was found.

Over Crawley's objections, Jones called the police. Crawley had borrowed the car from a friend weeks earlier and then refused to return it. She was convicted of Class C felony operating a motor vehicle after driving privileges are forfeited for life.

Judges Nancy Vaidik and Terry Crone affirmed the conviction because they believed when taken as a whole, the substantial circumstantial evidence supported the trial court's inference that Crawley operated the car, ultimately drove it into Jones' pool, and was found alone and impaired at the scene. She also frequently referred to the car as hers.

The majority rejected Crawley's arguments that she was too intoxicated at the time she made the statement about nobody being with her, so it wasn't reliable; that the trial court put substantial weight on the fact that water was found in her purse and that it must have come from the pool; and Crawley's challenges to the trial court's discrediting of her friend's testimony about when Crawley was at her house because her arguments would require the appellate court to reweigh the evidence.

"We find it to be of no moment that nobody observed Crawley operate the motor vehicle because the State presented sufficient circumstantial evidence from which the trier of fact could conclude beyond a reasonable doubt that Crawley operated the motor vehicle," wrote Judge Vaidik.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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