ILNews

Appellate court vacates murder, dealing convictions

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT