COA Upholds Attempted Stalking Conviction

by Jennifer Nelson for www.theindianalawyer.com

A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.

Noah Pittman was convicted of Class B felony attempted stalking and Class A misdemeanor carrying a handgun without a license after his sometimes girlfriend and mother of his child called police after feeling threatened by him. Pittman had shown up at the health clinic where Natasha Small had taken their child and circled the lot on his bicycle. He had called her several times earlier that day and even threatened to kill her. Small called Pittman’s mother, who discovered that her gun was missing and told Small that Pittman could have it.

Pittman told police he was at the clinic to scare his girlfriend, although he said it jokingly. Small told police that she was fearful during the incident.

Pittman sought to have his attempted stalking conviction dismissed, arguing that based on the plain language of the stalking statute, it cannot be charged as an “attempt” crime in Indiana. That motion was denied and he was convicted as charged.

“[A]lthough the completed crime of stalking requires that the State prove that the defendant’s conduct ‘actually causes the victim to feel terrorized, frightened, intimidated, or threatened,’ the crime of attempted stalking does not require such a showing. Rather, all that is required to prove attempted stalking is that the defendant took a substantial step toward committing the crime of stalking while acting with the requisite intent to commit stalking,” Judge Elaine Brown wrote. “Although the unambiguous language of the stalking statute clearly requires that, for the commission of the completed offense, the defendant’s conduct actually causes the victim to feel terrorized, frightened, intimidated, or threatened, this fact does not manifest a legislative intent to foreclose application of the general attempt statute to prosecute unsuccessful attempts to commit stalking.”

The appeals court also found the general attempt statute, as applied in this case, is not void for vagueness, there is sufficient evidence to support his attempted stalking and handgun convictions, and that his sentence four years in community corrections followed by two years suspended to probation is not inappropriate.

The case is Noah Pittman v. State of Indiana, 49A05-1504-CR-137.

Raging Moderate by Will Durst

It’s like a train wreck. Fascinating, repellant, and loud, all at the same time. Talking about the American presidential sweepstakes. And, as ratings for the last few debates seem to indicate, very hard to look away. It was Winston Churchill who called our election process, “a circus wrapped in a game show covered in poisonous weasel glitter.” And if he didn’t, he should have.

Look at how we treat these poor people. Gang debates. Smug interrogators. Partisan witch hunts. Hostile examinations. Substandard lecterns. Marathon fund-raisers with cold congealed Swedish meatballs in a watery mustard sauce.

What we end up with is scarred, dehydrated, emotional wrecks confused by simple math and their shoes. And that’s another question: Who would want this job? What kind of crazy masochistic flippo-unit voluntarily undertakes this mission of barbarous self- flagellation? Not just jumping into the flaming crucible of brutish internecine combat, but dragging their families along with them? You would not be far off concluding that anybody who can be elected president, shouldn’t be.

Even the serious candidates quickly turn into bewildered patsies sentenced to months of trudging through Iowa and New Hampshire mud. Constantly dodging teams of opposition researchers looking for anything resembling dirt. And forced to eat gas station sushi.

There has got to be a better way to pick the leader of the free world. The system we have now is much too long, totally fractious, unseemly, indecorous, vicious and unbecoming. Put those all together and what do you get: Television.

If we’re going to run this like a reality show, let’s run it like a reality show. We already got them jumping through hoops, all we need are enough cameras to capture the action. It’s an award-winning, mini-series waiting for the right producer.

Auction off the rights to the highest bidding network and let them fold it into one of their signature franchises. “America’s Next Top Politician.” “Dancing With the Office- Seekers.” “Keeping up with the Roosevelts.” “So You Think You Can Negotiate with Putin?” “Hell’s Campaign Trail.” “America’s Got BS.” The Real Hypocrites of Washington D.C.” “Project Inauguration.” Just insert some loophole that keeps CNBC out of the running.

“Apprentice” morphed into “Celebrity Apprentice,” why not “Presidential Apprentice?” Let Donald Trump experience the joy of being fired from both ends. CBS could transform their hour each week to “The Amazing Race: Oval Office.” Only a few disgruntled campaign managers would quibble with calling it “The Biggest Loser.”

Many shows wouldn’t need any alteration. “Big Brother” sort of already tangentially fits. As does “The Real World,” in a vague ironic sense. “Shark Tank,” definitely. “American Idol,” yeah, right, dream on. “The Voice,” or more aptly, “The Lack of Voice.”

With the show’s emphasis on backstabbing and blindsiding, “Survivor: Foggy Bottom” is almost a perfect fit. We could even mimic the format and offer clues to help contestants find hidden immunity idols. “Congratulations. You may skip Nevada and South Carolina and go straight to Super Tuesday.”

A number of reality show conventions could be adopted and/ or adapted. The weekly weigh in when they strip down to their undies would immediately trigger Must See TV. And finally, forget the hand on the Bible, on January 21, 2017, Chief Justice Roberts offers up to the incoming president… one single red rose.