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Rehearing on double-jeopardy appeal leads to same conclusion

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An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.

The panel also reaffirmed in Gregory A. Harris v. State of Indiana, 39A05-1205-CR-239, that the state could not amend the remaining charge by adding “or criminal deviate conduct.” Rehearing was granted for the sole purpose of evaluating whether the recent Supreme Court decision in Garrett v. State, 992 N.E.2d 710 (Ind. 2013), would impact the decision. The Supreme Court ruled in Garrett that the actual evidence test established in Richardson v. State, 717 N.E.2d 32 (Ind. 1999) is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury.

In August, the COA ruled that Harris could be retried on the sexual misconduct with a minor charge, but the state couldn’t amend the charge, noting a prior deviate conduct charge had been dropped. The COA noted on rehearing that the amended charge also would be barred by the statute of limitations.

Judge Terry Crone wrote that he and COA judges Ezra Friedlander and Margret Robb “decline Harris’s invitation to reverse the trial court’s denial of his motion to dismiss based on Garrett.”

 
 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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