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Receipt from mom’s cab ride does not prove son was home alone

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A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled.  

In Mario A. Allen v. State of Indiana, 46A04-1203-CR-143, the Court of Appeals affirmed Allen’s conviction for attempted robbery and robbery, both Class B felonies, and his adjudication as a habitual offender.

Police arrested Allen and his three friends at a motel in Chicago hours after the robbery of an Easy Food Mart. At trial, Allen maintained he was home alone the evening his friends put on masks, entered gas stations and demanded money.

On appeal, he argued the state abused its discretion by excluding his proffered exhibit of a receipt from the Flash Cab taxi company. He sought to introduce this document to establish a timeline and bolster his defense that he was home by himself.

Allen’s mother testified she got the receipt when she left work at 9 a.m. and took a cab to her car. She told the trial court she then drove home, picked up Allen and, together, they ran an errand.

The Court of Appeals noted even if the receipt had a date and time stamp, it would still be irrelevant to Allen’s theory of defense. That his mother took a cab is not relevant to determining if Allen was home alone.

Allen also argued the evidence was insufficient to sustain his conviction beyond a reasonable doubt. He asserted two of his friends, arrested for the same incident, were not credible witnesses because their testimony was part of a plea agreement.

Again, the Court of Appeals rejected Allen’s argument. The jury knew of the friends’ involvement and could decide how much weight and credibility to give their testimonies. Consequently, the court declined to invade the province of the jury.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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