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Case Results

Not Guilty Verdict in Indianapolis Cocaine-Possession Case

The Situation

Police stopped and searched a client as he walked toward a gas station on Martin Luther King Jr. Street in Indianapolis. An officer found cocaine in the client's pocket, leading to a drug-possession charge.

The Legal Challenge and Strategy

The defense focused on knowledge, an element the State still had to prove despite the location of the cocaine. Attorney Nicholson argued that a person who knowingly possessed cocaine would not ordinarily walk directly toward a police officer under those circumstances.

The Result

The jury returned a verdict of not guilty.

Why It Matters

Physical possession alone did not answer whether the client knowingly possessed the substance. Focusing the jury on the required mental state resulted in an acquittal.

Practice area(s): Criminal Defense

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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