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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

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  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.