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Appeals court affirms revoked probation after test shows marijuana

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A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.

In Andrew Wann v. State of Indiana, 32A01-1303-CR-123, Andrew Wann argued that the toxicology report was improperly admitted hearsay that didn’t meet the “substantial trustworthiness” test established in Reyes v. State, 868 N.E.2d 438, 440 n.1 (Ind. 2007). Wann also argued that the order to serve 90 days of his suspended sentence wasn’t authorized by statute.

Judge L. Mark Bailey wrote that the panel could not conclude from Reyes that, as Wann argued, an affidavit from a testing toxicologist was required to admit the urinalysis. And in any event, Wann had agreed to waive objection to the admissibility of the test results as a term of probation.

The court also rejected Wann’s argument that time he had served on the conviction, including good-time credit, plus time served on probation, was longer than the statutory maximum sentence of one year, and therefore it was outside the court’s discretion to order him to serve 90 days in jail.

“From the date of Wann’s November 10, 2009 sentence to his September 16, 2010 violation, 308 days had elapsed. The State alleged the violation within the probationary period, and subsequently proved the violation. Accordingly, the options of Indiana Code section 35-38-2-3(h) were available to the trial court, including an order for ‘execution of all or part of the sentence that was suspended at the time of initial sentencing.’ The trial court acted within its statutory discretion to order that Wann serve 90 days in jail," Bailey wrote for the panel that also included Judges Cale Bradford and Melissa May.
 

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  • Marijuana penalties too harsh
    58% of the American public believe that marijuana should be legalized. Marijuana is less harmful than alcohol or tobacco. No one has ever died smoking marijuana. In a few years we will all wonder how the legislature could ever have passed such legislation.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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