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COA splits over reversing possession conviction

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A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.

Officer Nicholas Lichtsinn responded to a 911 call that Phillip Billingsley was armed at a VFW post in Fort Wayne. The caller, who identified herself as Renita Brown, said Billingsley was the same person who “held her hostage” previously and that he was in a tan or brown Dodge Durango.

Lichtsinn knew the VFW to be a dangerous area, knew Billingsley, knew Billingsley to be a convicted felon, and knew Billingsley had a history of dangerous acquaintances when he responded to the call.

Lichtsinn found Billingsley in the passenger side of a Chevy Trailblazer that matched the color description. He called for backup, drew his gun and ordered Billingsley to put his hands on the roof of the SUV. After other officers arrived, Lichtsinn holstered his gun, patted Billingsley down and found marijuana on the seat where Billingsley sat.

He was charged and convicted of Class D felony possession of marijuana. The trial court denied Billingsley’s motion to suppress.

Judges Edward Najam and Melissa May upheld the conviction, finding the original detainment of Billingsley to be an investigatory stop. Litchtsinn’s use of his firearm was limited and he only had it drawn until backup arrived, Najam wrote.

They also rejected Billingsley’s claim that Brown’s 911 call was akin to an anonymous tip because the state and defense counsel couldn’t locate her.

“Moreover, Brown was not an anonymous caller but a concerned citizen. In her 9-1-1 call, she claimed both to have been a recent victim of Billingsley’s criminal activity and to be witnessing his ongoing criminal activity,” Najam wrote in Phillip T. Billingsley v. State of Indiana, 02A05-1204-CR-216.

Kirsch pointed out in his dissent that nothing known to Lichtsinn, nor provided to the court, allows the court to determine the accuracy or inaccuracy of the information provided by the caller. The only information that Brown accurately provided was that Billingsley was in the passenger seat of an SUV in the parking lot of the VFW and the color of that vehicle.

“I also do not believe that the information known to the investigating officer was sufficient to satisfy the standards established by our Supreme Court and the Supreme Court of the United States for investigatory stops,” he wrote.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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