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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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