ILNews

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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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