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State not trying to circumvent adverse ruling in refiling charges

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The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.

Dwight Cobbs was convicted of Class B felony dealing in cocaine following a controlled drug buy with a confidential informant in an Indianapolis Kroger supermarket. The state originally filed charges in court, at which the judge granted Cobbs’ motion to exclude the confidential informant’s testimony. The state later moved to dismiss the charges and refile because the police officer who stopped Cobbs after the controlled buy was out of state.

The refiled charges came before a different trial judge, who ruled that the informant’s testimony can be included at trial as well as audio/video recordings of the controlled buy.

Cobbs argued in Dwight L. Cobbs v. State of Indiana, 49A05-1207-CR-380, that Davenport v. State, 689 N.E.2d 1226 (Ind. 1997), and Johnson v. State, 740 N.E.2d 118 (Ind. 2001), should control and lead to excluding the informant’s testimony because the state was trying to avoid an adverse ruling.

But the appellate court deemed Cobbs’ case similar to Hollowell v. State, 773 N.E.2d 326 (Ind. Ct. App. 2002), in which the COA found the state wasn’t trying to circumvent an adverse ruling in dismissing and refiling charges because of a missing key witness.

“The record indicates that, despite the original trial court’s ruling regarding the testimony of the confidential informant, the State was proceeding with Cobbs’s trial. The State ultimately dismissed the charges because it was missing an essential witness on the day of trial and because the trial court apparently had a strict continuance policy,” Judge Michael Barnes wrote.

“We acknowledge that, after the State refiled the charges, it did seek a reconsideration of the exclusion of the confidential informant’s testimony, and the new trial court allowed that testimony. However, even if the trial court improperly reconsidered the exclusion of the confidential informant’s testimony, we conclude that any error was harmless,” Barnes continued, because other evidence at trial supports the conviction.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. 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?

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