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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