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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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