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Woman’s convictions did not subject her to double jeopardy

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A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.

Courtney Glenn was stopped as she tried to steal shirts from the store. While police officer Gary Smith escorted her from the store, she was uncooperative, attempted to pull free and was able to slip a hand out of the handcuffs. She swung the handcuffed hand at the officer, missing striking him with the handcuff by a few inches.

She was ultimately convicted of one count of Class A misdemeanor resisting law enforcement and one count of Class B misdemeanor disorderly conduct at a bench trial.

In Courtney Glenn v. State of Indiana, 49A04-1302-CR-79, the appellate court found sufficient evidence to support both convictions, finding Glenn’s actions to be similar to those of the defendant in Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005), who was convicted of resisting law enforcement. Glenn aggressively tried to pull away from the officer and refused to walk. This resistance was forcible and supports her resisting conviction.

Glenn argued that she did not try to strike the officer with her handcuffed hand, but merely was trying to show him that the handcuff had malfunctioned. But when the evidence conflicts, the appellate court must view only evidence that is favorable to the verdict, in which a reasonable fact-finder could conclude Glenn swung at the officer and could have caused serious bodily injury.

The judges also rejected Glenn’s claim that the trial court did not fully explain which facts it relied on to support each conviction, implying the court based both convictions on identical facts.

“However, we assume the trial court, at a bench trial, followed the law and applied it correctly. There was a sufficient separate basis to convict Glenn of both resisting law enforcement and disorderly conduct,” Judge Melissa May wrote.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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