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COA upholds cocaine convictions, sentence

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The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.

Patrick Austin was pulled over by Trooper Joseph White because the officer thought the trailer Austin’s semi-tractor was pulling would normally be pulled by a pickup truck. Austin’s logbooks and shipping papers made the trooper suspicious, but he allowed Austin to go free. White then contacted state police, which sent Trooper Mick Dockery to wait for Austin’s vehicle to drive by on the toll road. Dockery stopped Austin’s semi-tractor for two traffic violations. After a drug sniffing dog indicated it smelled illegal drugs in the trailer, police obtained a search warrant and found bricks of cocaine in the Mercedes and Rolls-Royce cars inside the trailer.

Austin filed for a speedy trial, but the state moved to continue his scheduled trial due to court congestion. After his trial was rescheduled beyond the 70-day period during which the state was required to try him after his request, Austin filed a motion for discharge. The trial court denied it. He was convicted of the two drug counts and sentenced to 40 years on each count, to be served concurrently.

On appeal, Austin argued that the trial court erred by denying his motion for discharge under Criminal Rule 4; the trial court abused its discretion by admitting contested evidence; the trial court abused its discretion by rejecting his tendered jury instruction regarding constructive possession; and the sentence assigned by the trial court was both an abuse of discretion and inappropriate based on Austin’s character and offenses.

The trial court did not err in denying his motion for discharge because his trial was moved to accommodate another incarcerated criminal defendant whose case was older than Austin’s. The judges also rejected his claim that his trial could have happened if the state moved a civil trial scheduled for the last day in his 70-day period.

The appellate court found no error in the trial court’s determination that the stop and search of Austin the second time was reasonable and affirmed admitting evidence that Austin had control over the Rolls-Royce on several occasions before he was arrested. It also found no abuse of discretion by the trial court regarding the jury instructions.

“As the trial court’s instruction could not have permitted the jury to find the ‘mere presence’ of drugs was enough to show Austin’s constructive possession, the jury was not, as Austin asserts, ‘left to speculate that his control over the Rolls-Royce and Mercedes Benz made him guilty,’” Judge Melissa May wrote in Patrick Austin v. State of Indiana, 20A03-1112-CR-588.

The judges also found his sentence to be appropriate based on his prior felony arrests and was caught transporting more than $4 million worth of cocaine.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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