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COA to hear argument in Lawrence, Clark counties this week

June 4, 2018

The Indiana Court of Appeals is headed south this week to hear oral arguments in Clark and Lawrence counties.

A panel of judges Edward Najam, Melissa May and Elaine Brown will hear argument in David E. Proffitt v. State of Indiana, 40A05-1505-CR-00473 at 1 p.m. today in Lawrence County. David Proffitt was convicted on three counts of dealing in a narcotic drug as Class B felonies.

Law enforcement set up controlled buys of narcotics from Proffitt using confidential informants. Proffitt, who had previously proposed selling pizza to inmates, was contacted by law enforcement to meet at the Jennings County Jail to discuss a business opportunity. He was then interrogated and arrested on site.

Proffitt appeals his convictions and sentence, and the panel will hear his argument at Mitchell Opera House, 217 N. 7th St., Mitchell.

Then on Thursday, a panel of judges John Baker, L. Mark Bailey and Melissa May will hear argument in Kevin Shaw Carter v. State of Indiana, 17A-CR-03024, in Clark County. After enforcement officers performed a vehicle search, Kevin Carter was convicted of dealing in methamphetamine and dealing in a narcotic drug, both as Level 2 felonies, as well as being a habitual offender.

Baggies of methamphetamine and heroin were found inside a fast-food bag in the front seat of the car. Carter and the driver of vehicle were both arrested and their cell phones were confiscated.

On appeal, Carter argues the court erred when it admitted text messages obtained from his cell phone, arguing the search of his phone was unconstitutional. The panel will hear his argument at 5 p.m. Thursday at Ivy Tech Community College, 8204 Highway 311, Sellersburg.

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