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Miscarriage an 'act' in intimidation charge

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The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.

Manuel Clara appealed his conviction and sentence in Manual Clara v. State of Indiana, No. 19A04-0806-CR-345, in which the trial court denied his motion for judgment on the evidence or directed verdict.

Clara blamed his wife, Tosha, for her miscarriage a few weeks earlier and threatened to kill her and their 2-year-old son. He grabbed a knife from the kitchen and even screwed one of their home's doors shut so Tosha couldn't leave. She eventually escaped with their son and called police.

The intimidation charge against Clara provided that he threatened Tosha with the intent she "be placed in fear of retaliation for a prior lawful act, to wit: because [Tosha] had miscarried their child." Clara moved for a directed verdict, arguing miscarriage isn't an "act" as considered by the statute defining intimidation, so the state failed to establish the elements of the offense. The trial court denied the motion and he was found guilty; Clara was sentenced to the advisory sentence of four years on his intimidation conviction.

In his appeal, Clara argued that an "act" under the statute must be volitional, so the miscarriage couldn't count.

Using the dictionary definition of "act" as "the thing done," the act can be intentional, unintentional, volitional, or non-volitional, wrote Senior Judge John Sharpnack. Here, the state alleged and proved Tosha's miscarriage was "the thing done" and further showed Clara's threat to commit a forcible felony was based upon the miscarriage. As a result, the appellate court affirmed the trial court ruling.

The Court of Appeals also affirmed Clara's advisory four-year sentence as appropriate because Clara intimidated Tosha for more than two hours and threatened to kill his son as a result of his wife's miscarriage.

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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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