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COA affirms drug dealing, possession convictions

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A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.

Andre Graham appealed his convictions of Class A felony dealing in cocaine, Class A felony possession of cocaine, Class B felony dealing in a schedule III controlled substance, and Class D felony possession of a controlled substance. Graham argued that the traffic stop that led to discovery of the drugs was a violation of the Fourth Amendment and that the evidence that led to his convictions was insufficient.

Jeffersonville police arrested Graham in May 2010 after a traffic stop that was instigated after a lieutenant witnessed Graham in what he believed was a drug deal. The lieutenant informed a patrolman who stopped the car Graham was driving after Graham failed to signal a lane change.

Graham said the traffic stop lasted 58 minutes, including a long period of time before he was questioned about whether he possessed drugs. The appellate court agreed with the state’s contention that the amount of time wasn’t improper because an officer had to run checks on Graham and two passengers and prepare the citation for an illegal lane change.

Graham argued there wasn’t circumstantial evidence from which a reasonable fact finder could determine he had the intent to deal, but the appellate court held it didn’t need to consider circumstantial evidence.  “Graham admitted at trial he intended to share the pills and cocaine with his friends,” according to the unanimous order written by Judge Melissa May.

“As ‘delivery’ is statutorily defined as an actual or constructive transfer from one person to another, Ind. Code § 35-48-1-11, we conclude there was sufficient evidence to prove Graham intended to deliver the drugs in his possession, thus supporting his convictions of dealing,” May wrote.

 

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  1. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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