Tuggle v. State of Indiana - 4/15/14

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Tuesday  April 15, 2014 
3:00 PM  EST

3 p.m. 49A05-1308-CR-413. Tuggle arrived at an Indianapolis hospital emergency room, claiming to be the victim of a shooting and an armed robbery.  Although the police seized Tuggle’s clothing from the hospital and obtained a search warrant prior to performing any DNA testing, Tuggle contends that the DNA test results confirming that Tuggle was a suspect in another shooting should not have been admitted into evidence.  Tuggle argues that he never relinquished any privacy rights in his property and the clothing showed no immediate apparent incriminating characteristics.  Thus, Tuggle claims that the initial seizure of his clothing violated his rights to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution and Article I Section 11 of the Indiana Constitution.  Therefore, Tuggle contends that the results of the DNA testing on the clothing were improperly admitted into evidence.       

The State counters that the clothing was properly seized and secured under both the plain view doctrine and the presence of exigent circumstances.  The State argues that a search warrant allowing the DNA testing was properly obtained, and there was no violation of either the Fourth Amendment or the Indiana Constitution.  Hence, the State asserts that the results of the DNA testing pointing to Tuggle as a suspect of the murder were properly admitted into evidence.

Tuggle was ultimately convicted of murder and sentenced to fifty years of incarceration.  This appeal ensues.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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