ILNews

Partial residential entry enough for conviction

Jennifer Nelson
January 1, 2007
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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.
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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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