Criminal defense attorney James Harper of Harper & Harper, LLC secured several key victories for his client in the Indiana Court of Appeals, successfully arguing against double jeopardy convictions and unreasonable probation conditions.
In a December 2, 2024 opinion, the Court of Appeals agreed with Harper’s arguments that his client’s convictions for both battery and resisting law enforcement constituted double jeopardy. Harper effectively demonstrated that the acts occurred within the same brief incident, leading the court to vacate the resisting law enforcement conviction.
Harper also prevailed in challenging his client’s Class A misdemeanor false informing conviction, with the court reducing it to a Class B misdemeanor after agreeing there was insufficient evidence to support the more serious charge.
Most notably, Harper’s arguments regarding problematic probation conditions resonated with the appellate court. The court found three conditions unconstitutionally vague or unreasonable:
- Restrictions on associating with persons of “bad reputation”
- Blanket prohibition on contact with former inmates
- Requirement for probation officer approval of driver’s license
The case demonstrates Harper & Harper’s expertise in constitutional law and criminal appeals, particularly in protecting clients’ rights against overly broad probation restrictions and improper multiple convictions for the same conduct.
The Porter Superior Court must now revise these conditions and modify the convictions according to the appellate court’s ruling.