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Appeals court tosses 1 of man’s 6 drug convictions

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A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.

Kevin Speer was sentenced to more than 33 years in prison for his conviction of Class B felony conspiracy to manufacture methamphetamine and manufacturing meth; Class D felony charges of possession of meth and possession of precursors and maintaining a common nuisance; and Class A misdemeanor possession of paraphernalia.

The panel found there was sufficient evidence that Speer committed the crimes for which he was convicted and that searches that turned up evidence didn’t violate his Fourth Amendment protections. The Tippecanoe Superior Court didn’t abuse its discretion in denying Speer’s mistrial request and didn’t impose an inappropriate sentence, the COA found.

But the court ruled that because the state mentioned Speer possessed an ammonium mixture containing two precursors for making meth in its arguments for conviction on the possession of precursors and manufacturing meth counts, “there is a reasonable probability that jury used those pieces of evidence to establish the essential elements of both crimes, violating double jeopardy,” Judge Melissa May wrote in Kevin Speer v. State of Indiana, 79A02-1209-CR-748.

“We therefore vacate his conviction of and sentence for Class D felony possession of two or more precursors used to manufacture methamphetamine, and remand to the trial court for revision of the Abstract of Judgment to reflect this holding.”


 



 

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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