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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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