Darrell Lawrence v. State of Indiana - 1/31/13

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Thursday  January 31, 2013 
10:30 AM  EST

10:30 a.m. 49S02-1211-CR-620. Lawrence was charged with possession of cocaine and resisting law enforcement. The Marion Superior Court ruled that the cocaine taken from Lawrence was inadmissible because the police search had been improper, and the trial court dismissed the drug charge. The trial court denied Lawrence’s motion to exclude, as “fruit of the poisonous tree,” evidence of Lawrence’s actions during the search that led to the charge of resisting law enforcement. Lawrence was convicted of resisting, and both sides appealed. The Court of Appeals reversed the conviction in a not-for-publication opinion, concluding that the evidence of resisting should not have been admitted. Lawrence v. State, 49A02-1110-CR-938, slip op. (Ind. Ct. App. Aug. 7, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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