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. 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.

  2. 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.

  3. 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.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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