ILNews

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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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