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Thursday, October 08, 2009
Ind. Decisions - "Inmates' sexual romps not a crime"
That s the headline to a brief AP story today about yesterday's Court of Appeals 2-1 decision in the case of State of Indiana v. Misty Moore - see ILB summary here, 3rd case. From the story:
The Indiana Court of Appeals says six inmates at the Greene County Jail didn't commit a crime when they sneaked into each other's cells to have sex.The 2-1 ruling upheld Greene Superior Court Judge Dena Martin's decision dismissing escape charges against three men and three women. Martin ruled the inmates didn't commit a crime because they didn't intend to leave the jail.
Two appellate judges agreed, but Judge Ezra Friedlander issued a lengthy dissent Wednesday, reasoning that the inmates committed escape because they left the cells where they were ordered confined.
Court records say the men -- ages 44, 38 and 17 -- and the women -- ages 27, 26 and 21 -- crawled through the ceiling after midnight, having sex and drinking homemade alcohol.
Posted by Marcia Oddi on October 8, 2009 09:10 AM
Posted to Ind. App.Ct. Decisions