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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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