Terrence J. Fuqua v. State of Indiana - 3/13/13

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Wednesday  March 13, 2013 
1:45 PM  EST

1:45 p.m. 02A03-1207-CR-342. Hamilton Southeastern High School, Fishers. Terrance Fuqua was convicted in Allen Superior Court of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felony possession of a controlled substance, Class D felony dealing in marijuana, and Class A misdemeanor possession of paraphernalia.  The evidence used to convict Fuqua was obtained during the execution of a search warrant of his residence. The probable cause to support that warrant was based on evidence obtained during a search of Fuqua’s trash and statements from an anonymous informant and two confidential informants that Fuqua was dealing cocaine from his residence.

Fuqua appeals his convictions and argues 1) that law enforcement officers lacked reasonable suspicion to search his trash, and 2) the search warrant was not supported by probable cause because the informants’ statements were not credible.  In response, the State disputes those claims, but also argues that even if the search warrant lacked probable cause, the evidence obtained during the search was admissible because the law enforcement officers relied on the warrant in good faith.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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  3. Do you know who the sponsor of the last-minute amendment was?

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