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State didn't prove man used car to keep drug

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The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.

In Robin Lovitt v. State of Indiana, No. 73A05-0904-CR-229, Robin Lovitt argued there wasn't enough evidence to show he committed Class D felony maintaining a common nuisance. Police pulled over Lovitt's car after seeing him cross the center line and fail to use his turn signal. Lovitt admitted to having a few drinks; his blood alcohol content level was .07 and he tested positive for a metabolite of marijuana. He had marijuana in his pocket.

In addition to the maintaining a common nuisance conviction, he was also convicted of various drugs offenses and operating while intoxicated.

The state's case against Lovitt relied on proving that he knowingly or intentionally maintained his car for keeping a controlled substance. The state claimed it didn't matter that the marijuana was in his pocket while he was driving the car.

The Court of Appeals interpreted "keeping" in terms of the statute as implying the controlled substance has to be contained within the vehicle itself or that the car is used to store the substance for further manufacture, sale, delivery, or financing of delivery of the controlled substance, wrote Judge Paul Mathias.

The statute isn't intended to apply to an offender who has personal use quantities of controlled substances on his or her person or even loose in a vehicle.

"To hold otherwise would make every drug arrest after a traffic stop subject to an additional charge of maintaining a common nuisance. We do not believe this to be the intent of our General Assembly," wrote the judge.

Lovitt also challenged the exclusion of testimony of one of his witnesses, Lois Crouch. Crouch is friends with Patricia Newbold, who was a passenger in the car. Crouch would have testified that Newbold told her that the police officer pulled Lovitt's car over immediately after Lovitt passed the officer, contrary to what the officer stated.

The trial court didn't abuse its discretion in excluding the testimony, and any error in excluding it was harmless.

"We cannot conclude that it is likely that Crouch's testimony would have led the jury to find Lovitt's and Newbold's version of events credible," Judge Mathias wrote. "Even if the jury believed Lovitt and Newbold, the evidence was still sufficient to convict Lovitt of possession of marijuana, possession of paraphernalia, and operating while intoxicated."

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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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