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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. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

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