ILNews

Supreme Court grants 2 transfers

Back to TopE-mailPrintBookmark and Share

The state's highest court has agreed to hear a case dealing with Indiana's habitual offender statute and another case involving the requirements for a cheek-swab DNA test.

In Andre Syval Peoples v. State of Indiana, No. 79S02-0912-CR-549, the Indiana Court of Appeals concluded a trial court was correct in interpreting the habitual offender statute to include Andre People's instant conviction of Class B felony dealing in cocaine as one of the "unrelated" convictions referred to in the statute. Peoples pleaded guilty to the dealing charge and had two prior felony convictions in Illinois - forgery and possession of cocaine with intent to deliver.

Peoples argued the habitual offender enhancement can't be attached to his instant conviction under Indiana Code Section 35-50-2-8(b)(3) of the habitual offender statute because his instant conviction is a drug offense, satisfying subsection (b)(3)(A). Also, he argued his number of priors for dealing doesn't exceed one, which satisfies subsection (b)(3)(C)(i)-(v) of the statute.

The judges agreed with the state's argument that the statute isn't limited to only prior convictions but requires the summation of the total number of unrelated convictions a defendant has gotten for dealing drugs. The absence of the word "prior" from those two subsections reflects legislative intent to include the instant conviction as one of the "unrelated" convictions referred to in those subsections, the appellate court ruled.

In Arturo Garcia-Torres v. State of Indiana, No. 64S03-0912-CR-550, the Court of Appeals split in its ruling that taking a cheek swab for DNA testing requires only reasonable suspicion, not probable cause, under the federal and state constitutions. The majority determined police didn't need a warrant before obtaining the cheek swab for Arturo Garcia-Torres, who was later convicted of rape, burglary, and attempted rape in the attacks of two college students, because they had reasonable suspicion he committed them.

The majority also reasoned that getting the cheek swab involves much less impact on the subject than some other searches that may be conducted on mere reasonable suspicion.

Judge Terry Crone argued in his dissent that taking the swab from a custodial suspect requires probable cause under the Fourth Amendment and is subject to the advice-of-counsel requirements of Pirtle v. State, 263 Ind. 16, 323 N.E.2d 634 (1975).

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT