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Justices vacate transfer in pot bust case heard in Merrillville

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A divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand after the Indiana Supreme Court vacated transfer.

Four of five justices chose Wednesday to vacate transfer in Phillip T. Billingsley v. State of Indiana, 02S05-1303-CR-160. Justice Robert Rucker dissented from the order vacating transfer and would reverse the trial court.

Billingsley was convicted of Class D felony possession of marijuana after an Allen County bench trial. Fort Wayne police found the pot in Billingsley’s vehicle parked at a VFW post after receiving a tip from a 911 caller. Billingsley appealed, claiming that an officer pulled a gun on him as he sat in the vehicle and he was then placed under arrest. He challenged whether the officer had a reasonable suspicion to initiate an investigatory stop.

A divided panel of the Indiana Court of Appeals affirmed Billingsley’s conviction, noting the caller claimed to have been a victim of Billingsley’s criminal activity and a witness to ongoing criminal activity. But Judge James Kirsch argued that nothing known to police or the court allowed for a determination of the veracity of the information the caller provided and that the information was insufficient to satisfy state and federal court standards for investigatory stops.

Oral arguments were heard by about 400 people May 9 at Merrillville High School in an event organized by the Lake County Bar Association.

“Thereafter, we discussed the case in more detail at our weekly conference. After again considering the points raised in the parties’ briefs and the points made by the attorneys at the oral argument in Lake County, it is the view of a majority of the justices that the Court should not assume jurisdiction over this appeal, and that the Court of Appeals opinion be the final decision in this case,” Chief Justice Brent Dickson wrote in the order.

 

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  1. 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.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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