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Justices affirm trucker’s cocaine-dealing convictions

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The Indiana Supreme Court unanimously affirmed the cocaine-dealing convictions of a truck driver who challenged the state police stop that led to discovery of the drugs and claimed he was denied a speedy trial.

In Patrick Austin v. State of Indiana, 20S03-1303-CR-158, troopers who initially stopped Patrick Austin allowed him to proceed after he refused consent to a search of the truck when an officer grew suspicious about driver logs and his purported destination, among other things.

Acting on those concerns, state police found Austin’s name linked to a prior $1 million bulk cash seizure in a Drug Enforcement Administration database. Austin was later stopped on a traffic infraction, after which a drug-sniffing dog indicated the presence of narcotics.

Justices affirmed the trial court convictions and 45-year aggregate sentence on two Class A felony charges, which the Court of Appeals also affirmed. The court took the case to address police action that led to the discovery and Austin’s argument that his trial violated the speedy trial window because it happened more than 70 days after his request.

Addressing the stop, Justice Steven David wrote for the court, “(W)e think this particular police operation exemplifies the balance between pursuing the law enforcement aim and protecting the constitutional rights of the suspect that the Indiana Constitution compels. … The end result was the discovery and seizure of nearly 90 pounds of cocaine hidden in a vehicle … and also the proper admission of that evidence at Austin’s trial.”

Likewise, Austin’s Criminal Rule 4 appeal claiming denial of a speedy trial was unpersuasive because the trial court produced compelling evidence of court congestion, and Austin was unable to meet his burden of showing a continuance beyond the 70-day speedy trial was clearly erroneous.

“However, we caution that ‘court congestion’ is not a blank check for poor judicial administration,” David wrote. “A defendant with adequate proof may successfully challenge a declaration of ‘court congestion’ on appeal. The protections afforded a defendant under Criminal Rule 4 are not to be trampled upon and trial courts must remain vigilant in its enforcement.”

 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  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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