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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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