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Mail not hearsay, COA rules in affirming drug, gun convictions

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A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.

Carpenter also claimed on appeal that the trial court improperly bifurcated his trial on a weapons charge and that simultaneous convictions of possession of a firearm by a serious violent felon and possession of a handgun with altered identifying marks exposed him to double jeopardy.

Fort Wayne police executed a search warrant in January 2013 on Carpenter’s apartment after a confidential informant made controlled buys of cocaine on multiple occasions. Police found about 100 grams each of cocaine and marijuana, a semiautomatic pistol with the serial number removed, and about $1,400 in cash.

A jury convicted Carpenter of five counts of Class A felony dealing in cocaine, Class B felony unlawful possession of a handgun by a serious violent felon, Class C felony possession of a handgun with altered identifying marks, and Class D felony possession of marijuana.

“Carpenter argues that, because the jury received the statutory citation for possession of a firearm by an SVF, his trial was not completely bifurcated, which prejudiced him. We disagree,” Judge Melissa May wrote for the panel in Lamont Carpenter v. State of Indiana, 02A05-1309-CR-467.

Counsel for Carpenter argued that the judge gave jurors instructions that cited the statute, I.C. 35-47-4-5, which referred to serious violent felons. This could have prejudiced Carpenter if jurors looked up the statute. May, however, wrote the that judge had warned jurors against doing their own research, and evidence showed the jury didn’t know he was a serious violent felon.

“Carpenter has not demonstrated he was prejudiced by the partial bifurcation of his trial,” the panel wrote.

Neither was Carpenter biased by mail with his name and address that was admitted after police collected it during the search. The panel held the mail was not hearsay.

“While this is an issue of first impression in Indiana, a majority of the courts from other states that have considered the issue have held the prohibition against the admission of hearsay is not violated when mail found during an investigation is introduced at trial to demonstrate the defendant’s name and address were on mail found in a specific location,” May wrote, citing authority from Florida, North Carolina and Virginia.

Finally, the court concluded, “Carpenter was not subjected to double jeopardy when he was convicted of possession of a firearm by a SVF and possession of a handgun with altered identifying marks."
 

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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