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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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