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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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