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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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