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State didn’t prove woman took drug while on probation

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The Indiana Court of Appeals reversed the revocation of a Sullivan County woman’s probation, finding the state didn’t demonstrate that Michelle Orr Carpenter took a barbiturate while on probation.

Carpenter pleaded guilty to resisting law enforcement Oct. 4, 2012, and was placed on probation. She was prohibited from using any controlled substance without a prescription as a part of her probation terms. Five days after starting probation, she failed a drug test that showed she took phenobarbital. She did not have a prescription for that drug.

At a hearing on the probation violation, a pharmacist testified that phenobarbital can show up on a test up to three weeks after having ingested it. Carpenter said she had been prescribed the drug while an inpatient at a drug rehab center back in May, but said she never took it outside of her time at the facility.

The Court of Appeals reversed the probation revocation because there is no evidence she used the drug during the five days between her placement on probation and her drug test. Her probation officer did not give her a drug screen at the start of her probation to establish if any drugs were in her system. The state did not present any evidence of the amount or concentration of the drug it detected.

“Even when viewed most favorably to the State, the evidence here was in equipoise, and it was no more likely that Carpenter ingested phenobarbital during her probationary period than it was that she ingested it before her probationary period,” Judge Edward Najam wrote in Michelle Orr Carpenter v. State of Indiana, 77A01-1306-CR-293.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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