Walter E. Smith, Jr. v. State of Indiana - 10/10/13

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Thursday  October 10, 2013 
9:00 AM  EST

9 a.m. 84A04-1112-CR-637. Officers observed the appellant crossing the center lane while driving a U-Haul truck, and they initiated a traffic stop during which an officer’s dog alerted to the presence of drugs. Pursuant to a search warrant, the officers entered the truck’s cargo area and found two brick-like vacuum-sealed packages wrapped in duct tape, which contained more than 1,997 grams of cocaine. Smith was convicted of dealing in cocaine, a class A felony. At trial, Smith tendered a jury instruction based on Robey v. State, 454 N.E.2d 1221 (Ind. 1983); the Vigo Superior Court refused the instruction on grounds its substance was covered by the court’s own instructions. The Court of Appeals affirmed in Smith v. State, 981 N.E.2d 1262 (Ind. Ct. App. 2013). The appellant has petitioned the Supreme Court to accept jurisdiction over the appeal.

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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