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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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