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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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