ILNews

State not trying to circumvent adverse ruling in refiling charges

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT