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COA reverses drug conviction due to lack of intent

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The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.

In Michael R. Houston v. State of Indiana, 02A03-1303-CR-84, police pulled over a car Michael Houston was driving, which contained three passengers. Houston was not the owner of the car and did not have a valid license. The license plate belonged to a different car, so police towed the car. While inventorying the vehicle, police found cocaine in a baggie between the passenger seat and the center console area. A vial was also found in the center console area, which Houston claimed was urine. The owner of the car, who was in the back seat at the time of the stop, said it was “anointing oil” used by his church.

Houston was charged with and convicted of Class D felony possession of cocaine. Because Houston didn’t have direct physical control over the drug in the car, the state had to prove constructive possession of it. But the evidence presented by the state couldn’t support that Houston had the intent to maintain dominion and control over the drug, the Court of Appeals held. No evidence was introduced that Houston knew about the drug, he did not attempt to flee, and he denied presence of the drug in the car.

The state argued that Houston’s knowledge of the vial in the center console shows he knew of the drug in the car, but there was no evidence showing the vial was connected to the cocaine in any way, the judges ruled.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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