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Supreme Court grants transfer to OWI case

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The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.

In Clint R. Beldon v. State of Indiana, No. 43S05-0910-CR-496, the Indiana Court of Appeals had to decide whether the trial court abused its discretion by admitting a doctor's video-taped deposition at trial in lieu of her in-person testimony and if the state properly requested blood and urine test results pursuant to Indiana Code Section 9-30-6-6. The appellate court also ruled on whether the court erred in sentencing Clint Beldon by using the same prior conviction to elevate his Class A misdemeanor charge to a Class D felony, to support a habitual substance offender finding, and as an aggravating factor to support the imposition of a maximum sentence.

The Court of Appeals unanimously found the trial court erred by admitting the videotape, but the testimony was merely cumulative of other properly admitted evidence, so the error was harmless. The judges ruled Beldon waived his argument on the blood and urine test results because he failed to raise any argument at trial concerning the state's failure to provide evidence of requests for those tests.

The appellate court also found the trial court erred by elevating Beldon's charge of operating a vehicle while intoxicated to a Class D felony based on a prior conviction and enhancing his sentence in part upon a habitual sentence offender finding that relied upon the same prior conviction. The case was remanded so the trial court could remedy the sentencing defect.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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