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Justices divided over vacating transfer in drug case

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Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.

Chief Justice Brent Dickson and Justices Steven David and Mark Massa decided March 28 after oral arguments and further review that the Supreme Court should not have assumed jurisdiction over Andrew Humphreys v. State of Indiana, 79S04-1212-CR-670. The three reinstated the not-for-publication decision by the Court of Appeals that found the Tippecanoe Superior Court erred in applying a 16-year sentence for Humphreys’ adjudication as a habitual offender.

Humphreys appealed his convictions and sentences for Class B felonies conspiracy to manufacture methamphetamine and dealing meth and Class D felony illegal drug lab, as well as his habitual offender adjudication. The appellate judges concluded that Humphreys could be adjudicated as a habitual offender because he was convicted of conspiracy to manufacture meth, which isn’t a drug offense for purposes of I.C. 35-50-2-8(b)(3). But the trial court should not have treated the habitual offender adjudication as a separate crime for which a separate sentence should be imposed. The judges ordered the court to specify which of the methamphetamine-related convictions is enhanced by the adjudication.

Justices Loretta Rush and Robert Rucker disagreed with their colleagues, with Rush writing a 3-page dissent.

“The Court of Appeals held that even though Defendant’s sentence for actually dealing methamphetamine may not be enhanced under our habitual offender statute, his sentence for conspiracy to deal may be. It based that conclusion on Owens v. State, 929 N.E.2d 754 (Ind. 2010), when Owens actually compels the opposite conclusion – not just because penal statutes must be strictly construed against the State, but as a matter of legislative intent. I would therefore reverse Defendant’s sentence enhancement,” she explained.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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