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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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