ILNews

Case remanded on double jeopardy clause

Jennifer Nelson
January 1, 2007
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The Court of Appeals has reversed and remanded a man's conviction on two counts based on a violation of state and federal prohibitions against double jeopardy. In Scott D. Moore v. State, Moore appealed his convictions of possession of anhydrous ammonia and possession of reagents or precursors, contending they are lesser-included offenses of the Count I of dealing in methamphetamine.

In July 2006, William Cashin and Moore went to Miles Farm Center, where Moore brought out a pitcher containing a fuming substance with a strong odor. As they left in Cashin's vehicle with the pitcher, two Princeton police officers noticed the vehicle and followed it. Once they noticed the police, Moore threw the pitcher out the window. The pitcher had a smoky, white, powdery substance inside, later proven to be an active methamphetamine solution.

Moore was charged with and found guilty of Count I - dealing a controlled substance, Count II - possession of anhydrous ammonia, and Count III - possession of reagents or precursors. Moore filed a Motion to Correct Error, alleging a witness for his defense was not properly subpoenaed prior to trial and he claimed the state failed to present sufficient evidence to convict him of dealing. He also claimed his conviction on all three counts violates state and federal prohibitions against double jeopardy.

In the opinion authored by Judge Patricia Riley, the court affirms the trial court's denial of Moore's Motion to Correct Error. Records show no subpoena was issued to Casey Winters, but it appears to the court that knowledge of Winters' existence came "too little and too late" in this case.

The judges also affirmed the state met its burden to prove beyond a reasonable doubt that Moore "knowingly or intentionally produced, prepared, propagated, compounded, converted, or processed methamphetamine."

In Moore's argument that his conviction of Counts II and III are double jeopardy, the court agreed and reversed and remanded with instruction that the trial court vacate those convictions.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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