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Justices vacate transfer grant, reinstate COA ruling

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The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken driving case.

In an order issued Wednesday and signed by Acting Chief Justice Brent Dickson, the Supreme Court vacated its Dec. 17, 2009, order that had granted transfer in the case of Roger L. Brown v. State of Indiana, No. 12A02-0901-CR-1, arising out of Clinton Superior Judge Kathy Smith’s courtroom.

The order reinstates an Indiana Court of Appeals decision from Aug. 21, 2009, in which an appellate panel affirmed Brown’s two convictions of Class D felony operating a vehicle while intoxicated resulting in bodily injury. The court found that the trial court abused its discretion in admitting the results of Brown's blood test pursuant to Indiana Code Section 9-30-6-6(j), but that there was no substantial likelihood that the erroneously admitted evidence contributed to his convictions. There was enough evidence to show Brown was intoxicated and his driving caused the victims’ injuries, the appellate court found.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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