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Thursday, October 13, 2016

Ind. Decisions - Still more on "Appeals court says video 'indisputably contradicts' South Bend police testimony"

Updating earlier ILB posts on the 2-1, Sept. 8th Court of Appeals opinion in Royce Love v. State of Indiana, Christian Sheckler reports today in the South Bend Tribune in a story that begins:

The Indiana attorney general's office this week blasted the state Court of Appeals for accusing South Bend police officers of giving false testimony about a man's 2013 arrest.

The state filed a petition Tuesday asking the Indiana Supreme Court to reinstate Royce Love's convictions for forcibly resisting law enforcement and mistreating a police dog. Last month, the lower appellate court reversed Love's convictions after finding that video evidence "indisputably contradicts" officers' sworn statements about the arrest.

The officers testified that Love was "extremely combative" and tried to walk away after leading police on a vehicle chase. But in a 2-1 decision, the appellate court said a police dashboard camera showed that Love surrendered before officers used Tasers, deployed a dog and kicked him.

In a petition to the Supreme Court, Deputy Attorney General Ellen Meilaender wrote that the appellate court majority went beyond its authority by re-weighing evidence that was already considered by a jury.

Meilaender also wrote that the video was too dark, blurry and obscured to support allegations that the officers gave false testimony.

ILB: Here is the appellate docket in the case. Here is the State's petition to transfer.

Posted by Marcia Oddi on October 13, 2016 01:43 PM
Posted to Ind. App.Ct. Decisions