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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.