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Single larceny rule doesn't apply in case

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The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.

In Lucius Walker v. State of Indiana, No. 02A03-0809-PC-452, Lucius Walker argued his trial counsel was ineffective for failing to argue his Class A felony robbery and Class B felony robbery convictions violated the single larceny rule. Walker and another man entered a gas station with a Wendy's restaurant inside and Walker robbed the Wendy's at the same time the other man robbed the gas station. Walker was convicted and sentenced to an aggregate 65-year sentence.

In his petition for post-conviction relief, Walker argues his trial counsel should have raised the single larceny rule because the gas station and the Wendy's were owned by the same corporation. The post-conviction court denied his petition.

The appellate court disagreed with his argument that because he and his accomplice robbed the gas station and Wendy's at the same time and the money belonged to the same corporation, only one robbery occurred. Walker relied on Williams v. State, 395 N.E.2d 239, 248 (Ind. 1979), and Lane v. State, 428 N.E.2d 28, 29 (Ind. 1981), but those cases dealt with the robbery of multiple tellers within a bank.

Walker and his accomplice didn't take money from the same place and the fact that both businesses are owned by the same corporation is unavailing, wrote Judge Paul Mathias. In fact, under Walker's interpretation of the single larceny rule, if two people agree to rob at the same time two separate restaurants owned by the same company, the individuals would only be guilty of one robbery.

The single larceny rule is inapplicable under the facts of this case and Walker's trial counsel wouldn't have succeeded in arguing Walker and his accomplice only committed one robbery, the judge wrote. Walker didn't establish his trial counsel was ineffective and the denial of his petition for post-conviction relief is affirmed.

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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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