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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. 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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