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Appeals court vacates lesser drug conviction as double jeopardy

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A Paoli man convicted of multiple drug offenses had a lesser conviction vacated Tuesday by the Indiana Court of Appeals. The court let stand other convictions for which he was sentenced to an aggregate 16 years in prison.

In Jerid T. Bennett v. State of Indiana, 59A05-1306-CR-277, the panel let stand convictions, rendered in a jury trial, of Class B felony dealing in cocaine, Class D felony maintaining a common nuisance and Class A misdemeanor possession of marijuana. But the panel vacated a conviction of Class D felony possession of cocaine, finding it is barred by double jeopardy.

Bennett failed to prevail on his other appellate claims. He argued certain evidence should not have been admitted, the state should not have been allowed to show text messages to the jury during closing arguments, and that the court erred in allowing the state to amend charging information.

Judge Cale Bradford wrote for the panel that police had probable cause to issue a search warrant for Bennett’s home that turned up drug evidence presented to the jury.

With regard to the admission of text messages detailing a drug transaction, Bradford wrote, “In light of the substantial independent evidence of Bennett’s guilt, we conclude that the admission of the challenged exhibits was at most harmless. As such, we further conclude that the trial court did not abuse its discretion in admitting the challenged evidence at trial."

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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