ILNews

Judges reverse possession of meth, paraphernalia convictions

Back to TopCommentsE-mailPrintBookmark and Share

In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.

Johnathon Aslinger was charged in Case No. 127 with the possession counts; he was charged with dealing in methamphetamine as a Class A felony in Case No. 152. The charges in Case No. 127 stem from a stop by police investigating vehicle break-ins. Aslinger and his friend Geoffrey Fugate were standing near a street where the cars were located and fit the description provided by dispatch. The officer saw a rolled cigarette behind Aslinger’s ear, which he said was “B2,” a form of synthetic drug Spice. A witness saw the two and said they were not the men who broke into the vehicles. By this time, the officer had searched Aslinger’s pockets because he saw a knife and found drug paraphernalia and methamphetamine. He also tested the cigarette and found it to be marijuana.

While on bond for Case No. 127, Aslinger was arrested for making meth within 1,000 feet of a public park.

He was convicted in separate trials, but sentenced together to 32 years for the dealing charge, enhanced by five years for the habitual substance offender adjudication. In the other case, he received a total of seven years, which included a five-and-a-half-year enhancement for being adjudicated as a habitual substance offender.

In Johnathon R. Aslinger v. State of Indiana, 35A02-1303-CR-296, the judges reversed his convictions in Case No. 127, finding the officer’s conduct went beyond what is allowed during a Terry stop. Judge Patricia Riley noted that a hand-rolled cigarette is not illegal per se and the officer only deduced there was a drug in it after removing it from Aslinger’s ear.

The judges also held that the trial court erred in imposing consecutive HSO enhancements in the two cases. On remand, they instructed the court to order the enhancements be served concurrently.

The appellate judges affirmed Aslinger’s dealing conviction, finding no error in the trial court’s decision to refuse to submit his tendered jury instruction asking the jury to find his conviction should not have been enhanced to a Class A felony. They also affirmed his sentence on the dealing conviction.

Judge Margret Robb concurred in a separate opinion, noting she believed the majority’s statement of law applicable to the plain view doctrine is too broad.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT