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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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