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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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