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Trial judge's comments spur COA reversal

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Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.

Daniel Kribs challenged his conviction following a bench trial of Class A misdemeanor entering a controlled area of an airport with a weapon or explosive in Kribs v. State of Indiana, No. 49A05-0904-CR-225. Kribs has a valid permit to carry his gun, which he carries on a consistent basis. On the day he went to the airport, he put the loaded gun inside the pocket of his jacket. An airport employee saw the gun as it went through the X-ray machine and called Indianapolis Airport Police. Kribs admitted the gun was his but said he put it in his jacket without realizing it and forgot it was there.

Kribs argued the state was required to prove beyond a reasonable doubt that he actually knew he was carrying the weapon to be convicted.

Chief Judge John Baker noted that had the trial court remained silent, it's likely the appellate court would have confirmed Kribs' conviction. The Court of Appeals could have inferred the trial judge didn't believe Kribs' story or gave more weight to the evidence that he always carried the gun inside his jacket pocket. But the trial judge said he believed Kribs didn't remember he had the gun on him and there was no malicious intent involved.

"We agree with Kribs that '[m]ere forgetfulness does not satisfy the knowledge or intent requirement set out by the statute,'" wrote the chief judge.

"The trial court observed the witnesses, weighed the evidence, and concluded that Kribs was unaware he had the handgun in his possession when he entered the airport and placed it on the x-ray conveyor belt."

The state failed to prove beyond a reasonable doubt that Kribs knowingly or intentionally possessed the handgun at the time of the events in question.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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