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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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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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