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Spur-of-the-moment burglary spree does not support corrupt business influence conviction

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The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.

Seth Miller was convicted on four counts – corrupt business influence, burglary of a dwelling, and two counts of theft – after he and a friend stole items from a home and a car and then attempted to purchase items with a stolen credit card.

Miller appealed only his conviction for corrupt business influence.

In Seth A. Miller v. State of Indiana, 63A01-1210-CR-475, the COA agreed, finding the evidence in the case failed to establish the necessary element of an enterprise according to the meaning of the state’s statute. It reversed the conviction for corrupt business influence and vacated the sentence of eight years.

The court reviewed the Indiana Code and several court opinions, finding the corrupt business influence statute requires, “(1) a knowing or intentional degree of participation (2) in an enterprise (3) through a pattern of racketeering activity.”

In Miller’s case, the Court of Appeals concluded there was no evidence that Miller and his friend had burglarized homes before and no indication they planned to repeat their escapade.

The events occurred in a very brief period of time. In addition, there was scant evidence of a pattern of racketeering activity.  

 
 
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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