Cladd v. State

Leroy Cladd (defendant), separated from his wife for about six months with no formal separation agreement and no possessory or ownership interest in her apartment, broke through her locked door with a crowbar, struck her, and tried to throw her over a second-floor railing, then attempted a second break-in the next morning before fleeing police. The trial court dismissed burglary charges, relying on a prior decision holding a spouse's right to consortium meant he was legally licensed to enter his wife's home; the appellate court reversed, holding consortium did not extend to a right to break in with intent to commit a crime, and Cladd sought further review.