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Judges uphold convictions for attempted trafficking with an inmate

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The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.

In Natalie E. Murrell v. State of Indiana, No. 67A01-1106-CR-251, Natalie Murrell attempted to bring a bag of tobacco and four cell phones into the Putnamville Correctional Facility while visiting an inmate. She was charged with Class C felony attempted trafficking with an inmate for trying to bring in the cell phones; she was charged with the same crime as a Class A misdemeanor for trying to sneak in the tobacco.

At her bench trial, Murrell asserted a defense of duress, saying she was threatened by unknown people to smuggle in the items. She was convicted of the two charges.

The Court of Appeals affirmed the rejection of Murrell’s duress defense, finding that while she was threatened over the telephone to bring in the items, she was also promised she would receive money for medicine in exchange for delivering the contraband. Also, at any time, she could have called the police.

Murrell’s claim that her Class C felony conviction violates the proportionality clause of the state constitution has two aspects. She argued since cell phones aren’t as dangerous as weapons or controlled substances – the other items that also would warrant a Class C felony charge – she claimed it is constitutionally inappropriate to impose the same penalty. She also argued she is being punished more harshly for bringing in a cell phone than an inmate would be for possessing one.

The judges found the presence of a cell phone in prison can undermine discipline and facilitate other misconduct, as well as allowing inmates to direct criminal activity from behind bars. Therefore, the Class C felony conviction is not disproportionate merely because trafficking in cell phones is treated similarly to bringing controlled substances and weapons.

With regards to Murrell’s argument she’s receiving a harsher punishment for trafficking than an inmate would for possessing a cell phone, the judges noted that it would be difficult, if not impossible, for an inmate to get a cell phone if a visitor didn’t bring one into the prison.

“Therefore, the legislature could have reasonably decided it is easier to deter contraband by punishing most harshly those who attempt to bring contraband into a prison,” wrote Senior Judge Betty Barteau.

The COA ordered the trial court to resentence her because at a hearing, the trial court said the sentences would be served concurrently, but in the final order, the court ordered Murrell to serve them consecutively. The judges found the concurrent sentence order to be more appropriate.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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