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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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