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Supreme Court grants 2 transfers

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The state's highest court has agreed to hear a case dealing with Indiana's habitual offender statute and another case involving the requirements for a cheek-swab DNA test.

In Andre Syval Peoples v. State of Indiana, No. 79S02-0912-CR-549, the Indiana Court of Appeals concluded a trial court was correct in interpreting the habitual offender statute to include Andre People's instant conviction of Class B felony dealing in cocaine as one of the "unrelated" convictions referred to in the statute. Peoples pleaded guilty to the dealing charge and had two prior felony convictions in Illinois - forgery and possession of cocaine with intent to deliver.

Peoples argued the habitual offender enhancement can't be attached to his instant conviction under Indiana Code Section 35-50-2-8(b)(3) of the habitual offender statute because his instant conviction is a drug offense, satisfying subsection (b)(3)(A). Also, he argued his number of priors for dealing doesn't exceed one, which satisfies subsection (b)(3)(C)(i)-(v) of the statute.

The judges agreed with the state's argument that the statute isn't limited to only prior convictions but requires the summation of the total number of unrelated convictions a defendant has gotten for dealing drugs. The absence of the word "prior" from those two subsections reflects legislative intent to include the instant conviction as one of the "unrelated" convictions referred to in those subsections, the appellate court ruled.

In Arturo Garcia-Torres v. State of Indiana, No. 64S03-0912-CR-550, the Court of Appeals split in its ruling that taking a cheek swab for DNA testing requires only reasonable suspicion, not probable cause, under the federal and state constitutions. The majority determined police didn't need a warrant before obtaining the cheek swab for Arturo Garcia-Torres, who was later convicted of rape, burglary, and attempted rape in the attacks of two college students, because they had reasonable suspicion he committed them.

The majority also reasoned that getting the cheek swab involves much less impact on the subject than some other searches that may be conducted on mere reasonable suspicion.

Judge Terry Crone argued in his dissent that taking the swab from a custodial suspect requires probable cause under the Fourth Amendment and is subject to the advice-of-counsel requirements of Pirtle v. State, 263 Ind. 16, 323 N.E.2d 634 (1975).

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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