ILNews

Case remanded on double jeopardy clause

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT