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City by the Lake.org, The Voice of Michigan City, Indiana _ City Talk _ Larkin conviction reinstated

Posted by: Southsider2k12 Sep 14 2021, 03:57 PM

https://www.abc57.com/news/indiana-supreme-court-reinstates-involuntary-manslaughter-conviction

QUOTE
The Indiana Supreme Court has reinstated the involuntary manslaughter conviction of John Larkin in the death of his wife Stacy in 2012.

Larkin's case has been through the appeals process multiple times since his wife was shot to death in December 2012.

In September 2019, Larkin was convicted of involuntary manslaughter. In November 2020, the Indiana Court of Appeals overturned that conviction arguing the jury should not have been instructed on involuntary manslaughter because it was not a lesser or included offense of voluntary manslaughter.

The appeals court overturned his conviction and ordered a finding of acquittal.

Tuesday the Indiana Supreme Court overturned the appeals court's decision and reinstated Larkin's involuntary manslaughter conviction.

The supreme court found involuntary manslaughter was a factually included lesser offense because the state alleged all of the elements of involuntary manslaughter in the charging documents. Involuntary manslaughter requires a battery that "incidentally" kills the victim. Larkin committed battery when he shot his wife and when he pushed his wife, according to the court decision.

Another point addressed by the court was the allegation Larkin did not receive fair notice of the involuntary manslaughter charge. The court says Larkin admitted to pushing Stacy with the gun, causing it to discharge. Larkin admitted to the battery that led to Stacy's death - and the state used his admission against him, the supreme court said.

Posted by: Disappointed Sep 15 2021, 06:58 AM

QUOTE(Southsider2k12 @ Sep 14 2021, 04:57 PM) *

https://www.abc57.com/news/indiana-supreme-court-reinstates-involuntary-manslaughter-conviction

Thank you Indiana Supreme Court, make him serve his time behind bars, even though it wont be long enough it will be something. You can't get away with killing someone !!!

Posted by: Mike D Sep 16 2021, 11:41 AM

QUOTE(Disappointed @ Sep 15 2021, 07:58 AM) *

Thank you Indiana Supreme Court, make him serve his time behind bars, even though it wont be long enough it will be something. You can't get away with killing someone !!!



the actual opinions

https://law.justia.com/cases/indiana/supreme-court/2021/21s-cr-00427.html

Posted by: Disappointed Sep 28 2021, 09:54 AM

You know what amazes me, is that thank god the Supreme Court Overruled and is making him go to jail. But I wish it was instant, he's had 8 1/2 years to be a free person. Time to pay your time !!!!! Enough is enough. But I know it's the legal system.

Posted by: Disappointed Oct 15 2021, 11:45 AM

Ok now this POS wants to petition for a rehearing and oral argument. Attached is the petition, He has had 8 1/2 years of freedom , appealed multiple times . The Supreme Court ruled and reinstated his conviction. ENOUGH IS ENOUGH. He is considered a CONVICTED FELON, and he's STILL FREE ROAMING THE STREETS. IT MEANS HE KILLED STACEY plain and simple. TIME FOR HIM TO SERVE HIS SENTENCE !!!!!


Attached File(s)
Attached File  Petition_for_Rehearing___Appella.pdf ( 278.45k ) Number of downloads: 227

Posted by: Mike D Oct 18 2021, 02:43 PM

QUOTE(Disappointed @ Oct 15 2021, 12:45 PM) *

Ok now this POS wants to petition for a rehearing and oral argument. Attached is the petition, He has had 8 1/2 years of freedom , appealed multiple times . The Supreme Court ruled and reinstated his conviction. ENOUGH IS ENOUGH. He is considered a CONVICTED FELON, and he's STILL FREE ROAMING THE STREETS. IT MEANS HE KILLED STACEY plain and simple. TIME FOR HIM TO SERVE HIS SENTENCE !!!!!


is John in jail? on what grounds is he free?

This is super thin - not sure it should be pursued. what if the appeals court says he needs to be retried? Could result in a longer sentence.

Posted by: Disappointed Oct 19 2021, 05:21 AM

QUOTE(Mike D @ Oct 18 2021, 03:43 PM) *

is John in jail? on what grounds is he free?

This is super thin - not sure it should be pursued. what if the appeals court says he needs to be retried? Could result in a longer sentence.

No he is not in jail, good question why is he free ?The Supreme Court reinstated his conviction he should have been taken into custody that day. Means a convicted FELON and KILLER is still on the streets.

Posted by: Disappointed Nov 17 2021, 11:01 AM

Now it's time for him to start serving his sentence. How many more decisions do we need


Attached File(s)
Attached File  Order_Denying_Rehearing__4_.pdf ( 255.03k ) Number of downloads: 105

Posted by: Disappointed Dec 22 2021, 06:53 AM

So after another hearing via Zoom. The Judge ruled that 9 years was long enough to be a free person has ordered the POS to report to LAPORTE COUNTY JAIL ON FEBUARY 1ST AT NOON. To start serving his sentence of 2 years in which he will only serve 1 year possibly less. While he awaits to see if the US SUPREME COURT will consider his case. I don't see them even possibly considering it but who knows with everything else he has tried to get out of serving time for the crime he committed of taking the life of STACEY !!!

Posted by: Disappointed Jan 31 2022, 06:35 AM

So after having 2 attorney's defend him and and them saying he's a good family man and good community person (which is total bullshit) after he is told he needs to report to jail, he hire's 2 new attorney's cause now he claims the 2 that defended him are incompetent. And he wants a new trial. I have never seen so much BULLSHIT from one person. You had your appeals, filed so many motions, the judges have ruled. Time to pay the price for the crime you committed. Where has Mr. Perfect gotten all the defense money from ????

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