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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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