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Court rejects man's explanation of 'briefly'

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A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.

Clarence Seeley Jr. appealed his conviction of dealing in a schedule III controlled substance as a Class A felony since he was within 1,000 feet of a school when dealing, and the finding he is an habitual offender. Seeley sold pills containing hydroquinone during a controlled drug buy from his home that lasted between five and 10 minutes. His property is 545 feet from a church’s school property and his front door is around 800 feet from the front door of the school.

The state proffered a jury instruction that said it’s a defense that the defendant was briefly in, on, or within 1,000 feet of school property and no one under the age of 18 was in, on, or within 1,000 of the school property at the time of the offense. The court refused the instruction on the basis that because Seeley lived where the drug buy happened, he was there for more than just a mere passing.

Seeley believed the jury instruction should have been allowed and the term briefly should have reflected the time of the drug buy, not how long he was within 1,000 feet the school. Thus, the statutory defense would be available to him, and he was entitled to have the jury instructed accordingly.

Citing Griffin v. State, 925 N.E.2d 344, 347, 349-50 (Ind. 2010), Judge Edward Najam wrote in Clarence Seeley, Jr. v. State of Indiana, No. 21A05-1003-CR-167, that the “briefly” language relates to Seeley’s presence in the prescribed zone, not the length of the transaction.

“To be sure, in some scenarios the defendant’s presence in the proscribed zone will be coextensive with the illegal transaction,” he wrote. “But that is not the case here, where Seeley lived within 1,000 feet of school property.”

Seeley also argued because of his extended stay in the proscribed zone that he is entitled to the statutory defense. He claimed the length of the transaction is what matters here because when taking in context his total stay in the proscribed zone, the time spent on the illegal transaction only minimally increased the risk to children.

“Applying ‘briefly’ in the manner asserted by Seeley would wholly negate that prong of the statutory defense. When a defendant lives in the proscribed zone and he has turned his home into a place where controlled substances may be illegally purchased, he cannot be in the proscribed zone only ‘briefly,’” wrote the judge.

The Court of Appeals also upheld that the state’s evidence of the testimony of the county surveyor regarding the distance between Seeley’s property and the school’s property was sufficient for the jury to find the property was school property. The judges reversed the habitual offender finding as his previous convictions were insufficient as a matter of law for him to be found to be a habitual offender. They remanded for re-sentencing.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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