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Man’s additional charges should have been dismissed

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The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.

When Cody Honeycutt was stopped by police, Indiana State Police Sgt. Todd Reed smelled burnt marijuana on Honeycutt. Honeycutt also admitted to smoking the drug earlier in the day and handed a bag of it to the officer. Reed took Honeycutt for a blood draw, but while results of the test were pending, he pleaded guilty without counsel to Class A misdemeanor possession of marijuana and a traffic infraction. He was sentenced to one year with all but eight days suspended.

When the results of the test came back a few days later, the state added two more charges under the same cause number: Class A misdemeanor operating while intoxicated and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance in Honeycutt’s body. Now represented by an attorney, Honeycutt filed a motion dismiss on grounds they were barred by the Successive Prosecution Statute. The trial court denied it, and he was found guilty at a bench trial.

The Indiana Court of Appeals reversed. The state conceded that all four charges are connected, but it argued that it didn’t have probable cause to bring the operating charges at the same time as it brought the charge of possession of marijuana and traffic infraction.

The judges found there was probable cause to charge Honeycutt with the operating offenses at the same time, as Honeycutt had confessed to smoking the drug, there was marijuana on him, and based on the police sergeant’s observations of Honeycutt, Judge Nancy Vaidik wrote in Cody B. Honeycutt v. State of Indiana, 92A04-1203-CR-149.

“If the State believed that the lab results were the key piece of evidence it needed to file the operating charges, then it should have completed its investigation, dismissed the initially-filed Class A misdemeanor possession of marijuana and traffic infraction, and filed all four charges at the same time,” she wrote.

The Court of Appeals also held that Honeycutt did not waive his argument, as the state claimed, because both the trial court and the prosecutor warned him before he pleaded guilty that he could face more charges depending on the pending lab results.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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