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Judges affirm man’s drug conviction

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A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.

Terre Haute Police Officer Brent Long pulled over Walter Smith Jr.’s U-Haul on I-70 on June 17, 2011, and asked for assistance. Officers Matthew Carden and Philip Ralston came about two minutes later and saw Long writing a warning to Smith. Ralston took over completing the warning while Long took his K-9 dog Shadow around the truck. Shadow focused in on one part of the truck, leading Long to obtain a search warrant through a telephonic hearing.

The officers cut open the padlock on the U-Haul and found two brick-like packages that contained more nearly 2,000 grams of cocaine.

Smith sought a speedy trial, and his trial was set for Sept. 27, 2011. He filed a motion to suppress evidence and sought to strike witnesses due to the state’s belated discovery compliance. Long was killed a month after the traffic stop, but Ralston and Carden testified. Just before his trial was set to begin, Smith asked for more time because he was not ready for trial. He then sought discharge pursuant to Criminal Rule 4(B) at a hearing two days after his trial was set to begin; it was denied. Smith was convicted of the felony cocaine dealing charge.

In Walter E. Smith, Jr. v. State of Indiana, 84A04-1112-CR-637, Smith argued the trial court committed reversible error when it refused his tendered jury instruction regarding a defendant’s innocence; he was entitled to a discharge under Criminal Rule 4(B); and the trial court abused its discretion when it admitted evidence from the traffic stop.

Citing Robey v. State, 454 N.E.2d 1221 (Ind. 1983) and Simpson v. State, 915 N.E.2d 511 (Ind. Ct. App. 2009), the judges held that the trial court didn’t abuse its discretion in refusing to use Smith’s tendered jury instruction because the substance of his instruction was covered by instructions given by the court.

The delay in bringing Smith to trial was chargeable to Smith and the trial court didn’t abuse its discretion in admitting the cocaine at trial because it was seized pursuant to a valid search warrant, the COA ruled. Smith didn’t offer any evidence to suggest the traffic stop or its length was unreasonable, or that the search warrant wasn’t supported by probable cause.
 

 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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