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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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