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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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