ILNews

Partial residential entry enough for conviction

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Whether your whole body, the upper half, or just a hand enters someone else's home, that's enough to be considered "entering" under Indiana statute for conviction of residential entry. The Court of Appeals ruled today on the definition of entering a dwelling under the residential entry statute, something the courts haven't defined in previous cases.

In Robert Williams v. State, 49A05-0612-CR-688, Williams appealed his conviction for residential entry, a Class D felony, arguing that only the upper half of his body leaned into the victim's residence through a window he had broken. To be convicted, he argued, his entire body had to enter the residence.

Williams went to the residence of a person identified as "Brown" in the brief, with whom he was romantically involved. When Brown refused to let Williams into the residence, he broke a bedroom window and leaned his upper half of his body through the window. Brown called the police and Williams was charged with residential entry and other offenses. After a jury trial Aug. 24, 2006, Williams was found guilty of residential entry and was sentence to three years incarceration, which was enhanced by 910 days because he was a habitual offender.

Defining "entering" under the statute for residential entry is new territory for the courts, wrote Chief Judge John Baker in the opinion. Williams argued the residential entry statute should require the entire body to enter a residence because the statute does not require an intention to commit a felony as the residential burglary statute does. In citing cases from California and Kansas, the rule is that any breach of the threshold by any body part constitutes entry in jurisdictions that have construed its burglary statute along those lines.

"Williams proposed rule of complete entry would lead to the absurd result that an individual could avoid prosecution for residential entry by simply ensuring that a foot or hand remained outside the threshold of the residence," wrote Chief Judge Baker.

Indeed, entering a home, no matter how slight, violates the occupant's possessory interest in the building and could lead to a dangerous situation. A partial entry into a home creates the same situation that the crime of residential entry is supposed to deter in the same manner as complete entry, and thus partial entry falls under the statute of residential entry.

In the same case, the state cross-appealed, stating Williams' appeal should be thrown out because he did not file the appeal in a timely manner. Although at the end of his trial, Williams said he would not appeal, he did send a letter to the trial court Sept 15, 2006, requesting the appointment of appellate counsel. The trial court appointed the County Public Defender the same day to represent him; however, when the court reporter contacted the County Public Defender's office Oct. 24, the office had not received notice of the trial court's order of the appointment of counsel. Because the time period for filing a notice for appeal had expired, the state argued Williams' appeal should be dismissed.

The Court of Appeals ruled that because Williams had sent the letter in a timely manner, he was not at fault for the failure of the appeal to be filed in a timely fashion and his request for appeal was granted.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT