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In-court marijuana field test ruled error, but not reversible

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An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.

The Indiana Court of Appeals affirmed a conviction and one-year suspended sentence for Class A misdemeanor possession of marijuana in Kyle L. Doolin v. State of Indiana, 32A01-1111-CR-545, but it agreed with Doolin’s argument that Hendricks Superior Judge David Coleman should not have allowed a sheriff’s deputy to conduct a test on the evidence during a bench trial.

At trial, Hendricks County Sheriff’s Deputy Brian Petree testified about a search of a vehicle in which Doolin was a passenger after a traffic stop on Interstate 70 when the vehicle changed lanes without a proper signal. Petree found what appeared to be marijuana concealed in a locked glove box. Doolin admitted after his arrest that it was his and he wished to take responsibility for it.

The court allowed Petree to perform a field test during the trial on the evidence over Doolin’s repeated objection. Petree placed a small amount of the green, leafy substance in a glass bottle into which Petree dropped a capsule and shook the bottle to break the capsule, releasing a chemical that turned blue when in contact with THC, the active compound in marijuana.

The first test failed, and Coleman allowed a second test over Doolin’s objections that there was no foundation for the reliability of the test and that Petree was not a chemist.

“The State simply presented no foundational evidence of the test used. Because of this dearth of evidence regarding this field test, we find the State failed to establish the test’s reliability under Rule 702(b), and the trial court abused its discretion in admitting the results into evidence,” Judge James Kirsch wrote in a unanimous opinion.

But the court said the error would not likely have invalidated Doolin’s conviction. He acknowledged possessing the marijuana, and Petree’s training, observation and circumstantial evidence were sufficient to determine that the substance was marijuana.

“Accordingly, we conclude that while it was error for the trial court to admit the in-court field test, the error was harmless in light of the other independent evidence of the identity of the substance,” Kirsch wrote.

The opinion also said the judges’ findings should not be read too broadly and hinted at guidance in terms of when such tests may be admissible during court.

“We note that our holding today does not represent a conclusion that all field tests of marijuana conducted in the courtroom are, per se, inadmissible; nor do we find that in-court field tests on marijuana may never be used as substantive evidence of guilt, as Doolin asks us to do. Rather, we hold that under the facts and circumstances of this case, the trial court abused its discretion when it admitted the results of Deputy Petree’s in-court field test because of the lack of foundation as to its reliability,” Kirsch wrote.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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