ILNews

High court grants 4 transfers

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The Indiana Supreme Court agreed Oct. 1 to hear four cases, including one dealing with whether a defendant should have a new murder trial and another involving whether a prior conviction in conspiracy to deal in cocaine counts as a conviction for dealing in cocaine under the state's habitual offender statute.

In Chawknee P. Caruthers v. State of Indiana, No. 46S05-0910-CR-431, the Indiana Court of Appeals split as to whether the trial court committed a fundamental error by failing to investigate the impact of threats made against the jury during a murder trial. The majority concluded the lack of questioning by the trial court of the jurors regarding the threats required the murder conviction be overturned. Judge Ezra Friedlander dissented, agreeing with the state that the harmless error doctrine should apply to defeat Chawknee Caruthers' claim of fundamental error.

In Myron Owens v. State, No. 49S02-0910-CR-429, the appellate court unanimously decided that a prior conviction of conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute. The Court of Appeals ruled that in order to have convicted Myron Owens of conspiracy to deal in cocaine, the state had to prove he actually dealt in cocaine, and under these particular facts and circumstances, Owens' prior conviction for conspiracy to commit dealing is, for purposes of Section 8, a prior conviction for dealing in cocaine.

In Luis E. Duran v. State of Indiana, No. 45S03-0910-CR-430, Judge Carr Darden dissented from the majority's denial of a man's motion to suppress evidence because the judge didn't believe the police officers were justified in kicking down Luis Duran's door and entering his apartment. Judges Margret Robb and L. Mark Bailey ruled the officers didn't violate Duran's Fourth Amendment rights or his rights under the Indiana Constitution because the Litchfield factors, in their totality, favored a finding the officers' conduct was reasonable.

Police incorrectly believed another man, who they were looking for on a warrant, lived at Duran's apartment. After a delay in answering his door, police kicked it down, entered Duran's apartment and found drugs.

In State of Indiana v. Robert Richardson, No. 49S02-0910-CR-428, the Court of Appeals reversed Robert Richardson's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in his pants didn't violate Richardson's constitutional rights or the Seatbelt Enforcement Act.

Using previous caselaw regarding the Seatbelt Enforcement Act, the appellate court ruled it wasn't impermissible under the act for the officer to ask a motorist what the large object in his pants was. The inquiry didn't exceed the scope of police behavior permitted under the Seatbelt Enforcement Act; Article I, Section 11 of the Indiana Constitution; or the Fourth Amendment, wrote Judge Paul Mathias.

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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

  5. 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.

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