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Judges affirm elevated drug convictions

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The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.

In Douglas Covey v. State of Indiana, No. 30A01-0906-CR-311, Douglas Covey appealed his convictions of dealing in methamphetamine as a Class A felony, possession of methamphetamine as a Class B felony, possession of methamphetamine as a Class B felony,  possession of marijuana as a Class A misdemeanor, and possession of paraphernalia a Class A misdemeanor.

Covey sold methamphetamine to a confidential informant of the Hancock County Sheriff’s Department. During a second scheduled buy at the CI’s apartment, Covey saw a detective outside and tried to leave before getting into the apartment. Police stopped him and found marijuana and a pipe on him; they searched the area by the apartment and found a tin outside of the apartment door that contained two baggies of methamphetamine.

Covey argued that the state didn’t prove the place where he dealt or possessed marijuana was a “family housing complex” under Indiana criminal statute. The statute explains it could be a series of buildings operated as an apartment complex. Covey claimed defining an apartment complex relied on lease terms, but his argument is misplaced for the criminal statute, the appellate judges concluded. Judge Patricia Riley wrote that the fact that a hotel or motel would qualify as a family housing complex makes it clear the legislature wasn’t focused on the length of lease terms to define “family housing complex.”

The confidential informant testified that her apartment was located in “Greenfield Village Apartments” in which the name alone supports an inference that the place operated as an apartment complex, the judge continued.

The Court of Appeals also found it was up to Covey to place mitigating factors at issue, such as that there were no children around at the time, and that he was briefly within 1,000 feet of the complex, which would reduce his culpability. He failed to do so. The trial court didn’t commit fundamental error by not instructing the jury on the mitigating factors of Indiana Code Section 35-48-4-16(b) because Covey had the burden to bring up those factors to the jury.

The judges affirmed the admission of the methamphetamine found in the tin outside the apartment door.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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