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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.