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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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