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High court defines 'briefly'

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In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.

The high court granted transfer to Reynaldo A. Griffin v. State of Indiana, No. 71S03-0907-CR-333, and Stephan M. Gallagher v. State of Indiana, No. 15S04-0909-CR-405, to address the meaning and application of the statutory term "briefly." Reynaldo Griffin was convicted of Class B felony possession of cocaine with 1,000 feet of school property. Stephan Gallagher was convicted of Class A felony dealing in a schedule II controlled substance within 1,000 feet of school property.

Griffin was stopped around 2 a.m. June 25, 2006, by police while he was pushing a moped along a street adjacent to school property because the officer thought the moped could be stolen. The officer estimated Griffin had been walking by the school for nearly five minutes when he stopped him. The officer found cocaine under the moped.

Gallagher met with a law enforcement agent Nov. 29, 2005, at an arranged meeting site behind a pharmacy that was near a school to sell pills. The meeting happened in the middle of the night and he was near the school for approximately 20 minutes.

Both Griffin and Gallagher asserted the statutory defense for their respective charges that their sentences shouldn't be enhanced because they were only briefly within 1,000 feet of the schools and no children were around at the time of the crimes. Gallagher also argued he was near the school at the request of the law enforcement agent.

In Griffin, the justices decided "briefly" implies a relative comparison and isn't the mere abstract passage of a discrete period of time. When a defendant's presence in the proscribed area is primarily for a purpose other than the illegal activity, the risk to children is smaller and briefly could encompass a greater duration of time, wrote Justice Brent Dickson. But when the defendant is in the area to engage in drug activity, especially if the activity is visible to children, even a relatively short intrusion in the area would be more than brief and shouldn't excuse the defendant from the enhancement.

"We therefore understand 'briefly,' as used in the statutory enhancement defense, to mean a period of time no longer than reasonably necessary for a defendant's intrusion into the proscribed zone principally for conduct unrelated to unlawful drug activities, provided that the defendant's activities related to the charged offense are not visible," wrote the justice.

The high court overturned Griffin's Class B felony conviction because the state didn't prove his presence within 1,000 feet of the school lasted longer than reasonably necessary to push the moped down the street, nor did the state prove there were any children present. The justices remanded for the trial court to impose the conviction and sentence as Class D felony possession of cocaine.

But the justices upheld Gallagher's conviction because he was behind the pharmacy near the school to sell drugs, even if no children were present. They also rejected Gallagher's argument that the state failed to rebut the statutory defense applicable to his charge that he went behind the pharmacy at the request of a law enforcement agent. The evidence was inconsistent as to who selected the location, and the Supreme Court declined to reweigh the evidence. The high court also affirmed Gallagher's sentence.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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