ILNews

Justices to hear cheek swab, blood draw cases

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The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.

Justices will hold arguments in Arturo Garcia-Torres v. State of Indiana, No. 64S03-0912-CR-550, in which the Indiana Court of Appeals affirmed Arturo Garcia-Torres' convictions of rape and burglary and the denial of his motion to suppress DNA evidence from a cheek swab. The appellate court held taking the cheek swab required reasonable suspicion and isn't subject to the advice-of-counsel requirements in Pirtle v. State, 263 Ind. 323 N.E.2d 634 (1975).

Judge Terry Crone dissented because he believed that taking the swab from a custodial suspect requires probable cause under the Fourth Amendment and is subject to the advice-of-counsel requirements of Pirtle. Arguments begin at 9:45 a.m. in the Supreme Court courtroom.

At 10:30 a.m., the high court will hear Roger Brown v. State of Indiana, No. 12S02-0912-CR-560, in which the Court of Appeals ruled the results of Roger Brown's blood-alcohol test shouldn't have been admitted because it was performed by a certified lab technician. The appellate judges held certified lab techs aren't "certified phlebotomists" or otherwise someone trained in getting bodily substance samples under Indiana Code Section 9-30-6-6(j). Roger Brown challenged the admittance of two tests used to prove his intoxication and support his convictions of drunk driving. The appellate court upheld his convictions anyway because it believed the state was able to prove he was intoxicated and his driving caused the victims' injuries.

The justices will also hear Sheehan Construction Co. Inc. v. Continental Casualty Co., No. 49A02-0805-CV-420, at 9 a.m. That case involves a dispute over what, if any, coverage was provided by commercial general liability insurance policies after allegedly faulty workmanship was done by Sheehan's subcontractor. The Court of Appeals affirmed summary judgment in favor of the insurers and insurance broker.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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