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COA upholds trial court’s actions and sentence during drug trial

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A defendant who contended the trial court abused its discretion and imposed an inappropriately harsh sentence had his drug conviction upheld by the Indiana Court of Appeals.

John Cherry was stopped May 24, 2011, as part of a drug sting in Morgan County. Cherry told a detective at the scene that he was supplying heroin to Austin Quick who was with Cherry that night. Police also recovered a syringe from Cherry’s pants pocket.

The state charged Cherry with two counts of Class B felony aiding, inducing or causing dealing in heroin and Class D felony unlawful possession of a syringe.

During the trial, the state’s first witness testified that balloons swallowed by Quick during the drug bust contained heroin, and a laboratory report was entered into evidence. However, the report was later withdrawn after the trial court ruled that the state had failed to establish a sufficient chain of custody for the heroin. Cherry moved for a mistrial and requested an admonition. The trial court admonished the jury not to consider any evidence from the witness or the lab report.

Cherry was found guilty and sentenced to an aggregated sentence of 10 years for aiding, inducing or causing dealing in heroin, with two years suspended and four years of probation.  

Cherry said that the trial court abused its discretion in admitting certain evidence and in denying his mistrial motion. He also claimed the state failed to produce sufficient evidence to sustain his convictions and his sentence was inappropriately harsh.

The Court of Appeals found the trial court did not abuse its discretion in admitting the videotape of Cherry’s statement made to a detective nor in admitting syringes found near the scene. In addition, the Court ruled the trial court did adequately admonish the jury and that Cherry failed to establish the trial court abused its discretion in denying his mistrial motion.

Also, the Court found the state produced sufficient evidence to sustain Cherry’s Class B felony convictions. Judge Nancy Vaidik dissented on the grounds that the evidence was insufficient to prove the substance in the balloons Quick swallowed was heroin.

Finally the Court upheld Cherry’s sentence, noting his history of buying and delivering heroin, his history of substance abuse, and his making “only cursory attempts at rehabilitation.”

 

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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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