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Court orders new trial in methamphetamine case

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The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.

In Angela C. Garrett v. State of Indiana, No. 32A05-1105-CR-239, the appellate court examined a case involving a traffic stop in which Angela Garrett was a passenger. The driver told police he’d smoked marijuana that day and gave officers the remains of several joints. When police searched Garrett, they found two bundles of cash totaling $4,500, and in her purse they discovered a gun, two scales, small plastic baggies and material to cut methamphetamine and increase the volume. She also had a small pouch with about 26 grams of meth in three baggies, as well as a pipe, scale, and more small baggies. Another gun was found in the trunk.

Garrett first told police the drugs and weapons were hers, but later she said that the driver was the dealer, not her, and that he’d been physically abusive and had threatened to hurt her and her children if she didn’t tell police the drugs and weapons were hers.

Although Garrett asked at trial that the jury be instructed on the lesser-included offense of possession, the judge declined to instruct the jury and she was subsequently found guilty of Class A felony dealing methamphetamine and Class A misdemeanor carrying a handgun without a license.

On appeal, the Court of Appeals declined to accept the state’s position that Garrett had waived her challenge to the court’s decision not to instruct the jury because she hadn’t submitted a written instruction for the trial court to review.

A serious evidentiary dispute existed about whether Garrett had intent to deal methamphetamine, the appellate court ruled. Citing its own caselaw from 1996, the Court of Appeals determined that the jury should have had the option to hear about that lesser-included offense – even if it wasn’t required to believe Garrett.

The case is remanded for a new trial.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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