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Adkins applies to drug possession defense

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While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.

In Reynaldo A. Griffin v. State of Indiana, No. 71A03-0805-CR-260, Reynaldo Griffin was on foot when he was stopped in front of a school by a police officer who suspected the moped he was pushing was stolen. The officer discovered crack cocaine beneath the moped where Griffin stopped it. He was convicted of possession of cocaine within 1,000 feet of school property, a Class D felony enhanced because he was near a school; Griffin argued pursuant to Indiana Code Section 34-48-4-16(b) in his defense that he was only briefly near the school and there were no children present.

The appellate court applied the ruling in Adkins v. State, 887 N.E.2d 934 (Ind. 2008), and ruled Indiana Code Section 34-48-4-16(b) constitutes a mitigating factor that reduces culpability and therefore a defendant doesn't have the burden of proof but only the burden of placing the issue in question where the state's evidence doesn't do so, wrote Senior Judge John Sharpnack.

 "Once the defense is at issue, the State must rebut the defense by proving beyond a reasonable doubt either that the defendant was within 1000 feet of a public park more than 'briefly' or that persons under the age of eighteen at least three years junior to the defendant were within 1000 feet of the school property," wrote the senior judge.

 Although there is no "ironclad" rule as to what constitutes as a brief presence by a school, the majority held the jury's determination that Griffin wasn't briefly within 1,000 feet of the school was reasonable under the circumstances of the case. Since the state had sufficient evidence to rebut Griffin's defense, his conviction was affirmed.
 
Judge Ezra Friedlander dissented only regarding Griffin's conviction. Judge Friedlander wrote that based on the evidence, he would conclude the jury's determination to be unreasonable. The police officer estimated Griffin was in front of the school walking for about five minutes; traveling from 1,000 feet beyond a school can't take much less than five minutes when pushing a moped, the judge wrote. Also, there was no indication that if he hadn't been stopped, Griffin would have been within 1,000 feet of the school any longer than it took him to walk by it. Judge Friedlander would reduce the Class D felony conviction and remand for re-sentencing.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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