- Judges Reverse Resisting Law Enforcement Conviction
Judges Reverse Resisting Law Enforcement ConvictionOlivia Covington for www.theindianalawyer.comThe Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.In Jefferson Jean-Baptiste v. State of Indiana, 49A02-1608-CR-1798, Marion County Sheriff’s Deputy James Russo was attempting to serve civil arrest warrant on Jefferson Jean-Baptiste in April 2016, but Jean-Baptiste refused to comply. After Russo tried to grab his arm, Jean-Baptiste pulled away, so Russo, acting on the assumption that Jean-Baptiste was resisting arrest, entered the home and placed him in custody.Jean-Baptiste was convicted of resisting law enforcement and argued on appeal that the state had not presented sufficient evidence to support his conviction. The Indiana Court of Appeals agreed, with Judge Edward Najam pointing to the case of Casselman v. State, 472 N.E.2d 1310 (Ind. Ct. App. 1985) and Indiana Code 35-41-3-2 as the panel’s guidance.Specifically, Najam wrote that Russo was outside the residence while Jean-Baptiste was inside when Russo, “without permission or legal justification,” reached across the threshold and grabbed Jean-Baptiste. Thus, under Indiana Code, Jean-Baptiste was justified in his resistance of law enforcement.Further, the appellate court reversed Jean-Baptiste’s conviction because it found, sua sponte, that the trial court committed fundamental error by denying his right to a jury trial without first eliciting a personal waiver from him on the record.FacebookTwitterCopy LinkEmail
- New method helps Vermonters improve local internet accesibility
New method helps Vermonters improve local internet accessibilityThe Vermont Telecommunications Authority has launched a mechanism that allows Vermonters to help cover wireless access for their neighborhoods. Available on the VTA website (http://www.telecomVT.org(link is external)), residents can sign up to offer their property silo, top of their barn, roof of their home or office, hilltop, and church steeple to an internet or service provider. Several farmers have already signed up and are offering use of their silos, and the Legislature has listed all of Vermonts public properties. Each site must match and maintain certain criteria, which is available in detail on the companys website. Once registered, an interested service provider will contact the lister directly to organize details. The sites can be offered for free, as public service, or for a lease fee. The new initiative is expected to dramatically increase internet access across the state.