ILNews

State didn’t prove man committed trespass

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The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.

Off-duty Marion County Sheriff’s Deputy Talisha Harper was working as a security officer at an apartment complex in Indianapolis when she saw Marcus Willis near the leasing office. She asked if he lived in the complex, and he said no and produced his identification card. Harper checked his information against a no-trespassing list complied by the property owner management. Willis’ name was on the list, so she arrested him on suspicion of criminal trespass.

He was convicted of the charge as a Class A misdemeanor.

In Marcus Willis v. State of Indiana, 49A02-1208-CR-636, the judges reversed because the state didn’t prove that Willis had been “denied entry” as defined under Indiana Code 35-43-2-2(a)(1). There was no evidence that he was aware of the list or that he had otherwise been denied entrance to the property in a manner required by the statute.

As such, the state failed to show that Willis willfully trespassed on the apartment complex property.


 

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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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