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Justices accept 2 cases

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The Indiana Supreme Court granted transfer to two cases, including one involving the validity of a search warrant.

In Kenny D. Lee v. State of Indiana, No. 71S03-1202-CR-67, Kenny Lee appealed his conviction of Class A felony possession of cocaine, which the Indiana Court of Appeals overturned in November 2011. The appellate court ruled that police did not have reasonable suspicion to conduct an investigatory stop of Lee. Police had set up surveillance of a house in order to secure it prior to executing a search warrant and saw Lee leave the home and drive away. Police followed him, initiated the traffic stop, and later searched the residence where Lee came from and found drugs. The COA also held that the state didn’t provide evidence of additional circumstances where a trier-of-fact would infer Lee knew about the drugs in the home or had the ability to control the drugs.

The justices also took Quanardel Wells v. State of Indiana, No. 49S05-1202-CR-68, in which the Court of Appeals in a not-for-publication decision affirmed on interlocutory appeal the denial of Quanardel Wells’ motion to sever the offenses for separate trials with respect to each victim. Wells was charged in an 11-count information with five counts of Class A felony criminal deviate conduct, one count of Class A felony rape, three counts of criminal confinement – one as a Class B felony and two as Class C felonies – and Class D felonies strangulation and intimidation. The charges involved offenses committed at different times against four separate victims.

The Supreme Court also denied transfer to eight cases for the week ending Feb. 3.

 

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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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