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Appellate court vacates murder, dealing convictions

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The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.

Steven Hyche claimed that he was just trying to purchase ecstasy, not deal in it when the one of the men he met with to buy the drugs was gunned down during the deal. The surviving witness said Hyche was one of the two men standing by his car when he pulled up but that he never saw Hyche with a gun.

Hyche argued since he was just trying to buy ecstasy, he doesn’t fall within the legislature’s definition of a person who committed dealing and so he couldn’t have been guilty of felony murder. The Court of Appeals agreed and vacated his convictions.

The state argued that Hyche could be convicted of dealing in a schedule I controlled substance because he was involved in the delivery and financed the delivery of the drug during the deal. The judges rejected the state’s positions, finding he acted as the transferee, not the transferor.

“The fact that he called another person to request drugs no more makes him a dealer in ecstasy than it would make a customer who calls the florist a dealer in flowers,” wrote Judge Terry Crone in Steven D. Hyche v. State of Indiana, No. 49A02-0911-CR-1154

In addition, there’s no evidence Hyche furnished any money to further the drug dealers’ dealing activities. He acted merely as a purchaser, and not as a creditor or investor.

“As such, he could no more be deemed to be financing the delivery of ecstasy than a grocery shopper could be deemed to be financing the supermarket’s inventory,” wrote the judge.

The judges also rejected the state’s argument that there’s enough evidence to support Hyche’s guilt as a dealer’s accomplice in dealing ecstasy. Hyche just wanted to buy drugs from the dealers and even though they were all at the crime scene, they were not companions but more like adversaries, noted the judge.

“To find that his offer to purchase the drug somehow amounts to organizing, financing, or even inducing its delivery, defies logic and cannot reasonably reflect the intent of the General Assembly in enacting these statutes,” he wrote.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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