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Photos admissible when evidence has been destroyed

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In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.

In Jason Jones v. State of Indiana, No. 34A05-1101-CR-66, Jason Jones argued that because officers failed to comply with Indiana Code 35-33-5-5 subsections (e), (f) and (g), certain photographic and testimonial evidence should not have been admitted into evidence.

Kokomo police arrested Jones as he attempted to leave a house where police were serving a search warrant. During the search, police found evidence of methamphetamine production.

 Before trial, law enforcement officers used a Hazmat team to destroy some of the chemicals and chemically contaminated materials found in the home’s garage. At trial, Jones moved to exclude evidence of any item not received by him in discovery, claiming that law enforcement officers had failed to comply with Indiana Code 35-33-5-5, which governs the disposition of property held as evidence and authorizes law enforcement to destroy chemicals, controlled substances and chemically contaminated equipment associated with the manufacture of drugs.

However, citing Arizona v. Youngblood, 488 U.S. 51, 58 (1988), the appeals court held the state does not have “an undifferentiated and absolute duty to retain and preserve all material that might be of conceivable evidentiary significance in a particular prosecution.” The COA wrote that in the context of hazardous chemicals and materials, tension arises between the practical need for destruction and the threat of prejudice to the substantial rights of a criminal defendant, which necessarily occurs when evidence is destroyed.

Jones also objected to Kokomo Police Officer Jim Nielson’s testimony regarding the “one-pot” method of methamphetamine production. The COA held that Nielson’s training and experience qualified him as a skilled witness, and therefore the court did not err in allowing his testimony about the one-pot reaction method.

Jones also objected to the court’s denial of his motion for a continuance, but because that argument was raised for the first time on appeal, he has waived the issue, the court held.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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