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Resisting law enforcement conviction reduced due to double jeopardy violation

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A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.

Zieman fled from police after an argument with his wife and crashed his car into Crown Point Sergeant John Allendorf Jr.’s car, which caused the officer serious bodily injury. Zieman was charged with several counts as a result of the incident, including attempted murder and Class C felony resisting law enforcement resulting in serious bodily injury. He was found guilty but mentally ill.

In his petition for post-conviction relief, Zieman argued his trial and appellate counsel were ineffective because neither challenged his attempted murder conviction and the serious bodily injury element that elevated his resisting law enforcement conviction on double jeopardy grounds. The PCR court denied his petition.

In Timmy T. Zieman v. State of Indiana, 45A03-1301-PC-1, the judges found that the statutory elements test or actual evidence test under Richardson v. State, 717 N.E.2d 32, 49-50 (Ind. 1999), weren’t violated in Zieman’s case. The COA also used common law not governed by the constitutional test set forth in Richardson to evaluate Zieman’s claim. These rules were first enumerated by Justice Frank Sullivan in his concurring opinion in Richardson, one of which prohibits conviction and punishment for an enhancement of a crime where the enhancement is imposed for the same behavior or harm as another crime for which the defendant has been convicted and punished.

“Based on the prosecutor’s arguments to the jury and the lack of specificity in the charging information and jury instructions, we conclude that there is a reasonable possibility that the jury used the evidence of Zieman crashing his vehicle into Sergeant Allendorf’s vehicle and injuring him to establish both the substantial step element of attempted murder and the resulting serious bodily injury element of class C felony resisting law enforcement, resulting in a violation of double jeopardy principles,” Judge Terry Crone wrote.

The appellate court ordered that the Class C felony resisting law enforcement conviction be reduced to a Class D felony and that the sentence imposed is the advisory 18 months. It will be served consecutively to Zieman’s attempted murder sentence, for a total executed sentence of 33 ½ years.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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