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Uncommunicative felon fails to persuade COA that trial court erred

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The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.

In December 2001, Indiana State Trooper Luke Waikel pulled over Jeremy Peters for speeding. When Waikel approached the passenger window, Peters sped off and crashed his car. Waikel then pursued Peters on foot, and after he and another officer apprehended Peters, the troopers noticed Peters had cut his hand and needed medical attention. Peters did not speak to the officers when questioned.

In Jeremy L. Peters v. State of Indiana, No. 43A05-1103-CR-144, Peters claims that the trial court erred when it admitted testimony about his silence.  The state argues it used the testimony regarding Peters’ post-arrest pre-Miranda silence to explain why he was taken to the hospital, not to indicate he was uncooperative or to imply guilt. The COA agreed, holding that sufficient evidence existed to convict Peters.

The appellate court also held that the state presented sufficient evidence Peters committed Class B felony unlawful possession of a firearm by a serious violent felon, and his sentence was not inappropriate, affirming the trial court in all regards.

 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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