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Warren v. State

Court of Appeals of Indiana

March 30, 2017

Luke M. Warren, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

         Appeal from the Warrick Superior Court Trial Court Cause No. 87D02-1312-FB-442 The Honorable Robert R. Aylsworth, Judge

          Attorney for Appellant Ivan A. Arnaez Evansville, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana

          George P. Sherman Deputy Attorney General Indianapolis, Indiana

          Altice, Judge.

         Case Summary

         [¶1] Following a jury trial, Luke M. Warren was convicted of class B felony dealing in methamphetamine and class D felony possession of chemical reagents or precursors with the intent to manufacture a controlled substance. Warren raises two issues on appeal:

1. Did the trial court admit evidence against Warren that was obtained in violation of his rights under the Fourth Amendment to the United States Constitution?
2. Was Warren denied the effective assistance of counsel guaranteed by the Sixth Amendment to the United States Constitution because his lawyer also represented Warren's codefendant?

         [¶2] We affirm.

         Facts & Procedural History

         [¶3] On December 18, 2013, Indiana State Trooper Matthew Lockridge and Warrick County Sheriff's Deputy Jarrett Busing went to Warren's mobile home as the result of a tip regarding the manufacturing of methamphetamine at that location. Deputy Busing was familiar with Warren and had been to his home on prior occasions.

         [¶4] They arrived at 9:06 p.m. and parked halfway down Warren's long driveway. The rest of the driveway and the surrounding area was extremely muddy, with wooden pallets leading in different directions to approach the residence. There were three doors to the home - the east/front door, the north door leading to the driveway where a truck was parked five or six steps away, and the west door in the back, which was a glass door with a screen. There was an outside light on in the back.

         [¶5] As the officers approached the home, they both detected a chemical odor that they knew through their training and experience to be commonly associated with the manufacturing of methamphetamine. Deputy Busing identified it as the smell of ether, and Trooper Lockridge indicated that it was a chemical smell that he had smelled before at other methamphetamine labs.

         [¶6] Deputy Busing approached the front door and knocked and announced his presence loudly while Trooper Lockridge stood watch on the north side of the home near the truck. No one answered the front door, so Deputy Busing moved to the two other doors and continued to knock and yell loudly. He also knocked on windows. In the meantime, Trooper Lockridge felt the hood of the truck and looked to see if anyone was inside the truck. At the same time, he ...


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