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Court: daylight saving time not an issue

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A trial judge shouldn't have suppressed a drunk-driving breath test on grounds that a time change interfered with the prosecution, the Indiana Supreme Court ruled today on an issue of first impression.

Deciding on State of Indiana v. Jason Cioch, No. 79S05-0902-CR-00092, justices unanimously found that Tippecanoe Superior Judge Michael Morrissey erred when he suppressed the prosecution's evidence on a traffic infraction and two drunk-driving misdemeanors from the late 2007 incident.

On Nov. 10, 2007, Purdue University Police Department officers stopped Cioch for traveling in the wrong direction on a one-way street and suspected he was driving while intoxicated. Another certified officer used a B.A.C. Datamaster to administer the test, but he noticed the device hadn't been adjusted to reflect the daylight saving time change the previous Sunday. He contacted several other law enforcement agencies but couldn't find a breath test instrument with the correct time. As he couldn't change the time himself, the officer administered the test and one of the other officers noted the time difference in his incident report - both were within three hours of the officers stopping Cioch.

The tests showed his alcohol level was 0.08, but Cioch moved to suppress the results because of the DST difference. The trial judge granted the motion because of the inaccurate time stamp on the breath test printout, finding that prosecutors failed to meet their burden of establishing an adequate foundation for admitting the evidence. The Court of Appeals affirmed in a not-for-publication memorandum opinion in December.

Noting that Indiana courts haven't yet discussed the accuracy of the time stamp relating to test-result reliability, justices turned to caselaw from the Missouri Court of Appeals that held an inaccurate time stamp isn't evidence of a malfunction or faulty finding.

The Cioch case presents nothing to show that the certified breath test administrator did anything wrong or endangered the test reliability, Indiana's justices noted, adding that Cioch's best authority for his position comes from State v. Johanson, 695 N.E.2d 965 (Ind. Ct. App. 1998), where the appellate court affirmed a trial judge's suppression of test results where the machine printed out a blank ticket and the operator wrote all the test information by hand from what he saw on the screen.

"Without reflecting on whether that was adequate ground for suppression, we think the officer's action in this instance, noting a Daylight Savings difference, raises only a de minimus concern about the accuracy of the test results," Chief Justice Randall Shepard wrote. "We hold that the evidence is admissible."

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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