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COA: Evidence supports dealing conviction

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The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.

In James R. Hundley v. State of Indiana, No. 24A01-1010-CR-550, James Hundley challenged his conviction of and sentence for Class A felony dealing in methamphetamine. Police went to Hundley’s grandparents’ property on a tip that methamphetamine was being made there. The grandparents took police to a secluded, wooded area behind their home where their grandson, James, hung out. Police saw evidence of methamphetamine and obtained a search warrant for Hundley’s truck. Inside they found more evidence of manufacturing of methamphetamine, including pill dough, which is produced during an intermediate step in making the drug, but contains methamphetamine. Hundley wasn’t there while police were on the property.
 
Hundley claimed that the state didn’t prove beyond a reasonable doubt that he was the one who made the meth at the campsite. But the evidence ties Hundley to the drug and shows he had the intent and capability to maintain control over the meth lab. The meth lab was found in his truck, which was locked and no one else had access to it. A pill bottle was found with his name on it, and after he was arrested, Hundley admitted to his involvement with the meth lab.

Hundley also challenged his conviction on the grounds that the state didn’t prove he was dealing meth because it didn’t show that the weight of the drug found was in excess of three grams. The conviction was based on the weight of the pill dough sample, and that contained other material in addition to methamphetamine.

“We hold that where, as here, the intermediate step is so near the end of the manufacturing process that the final product is present in the chemical compound, that substance qualifies as an ‘adulterated drug’ for purposes of our manufacturing statutes,” wrote Judge Edward Najam.

The COA has previously held that the additional weight of water added to pure cocaine may be considered when determining the weight of the cocaine. In addition, the statute prohibits the manufacture of methamphetamine “pure or adulterated,” so the production of the drug is prohibited, even if the meth produced is impure, the judge added.

The appellate judges also upheld Hundley’s 40-year sentence, with 10 years suspended to probation.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. 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

  4. 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

  5. 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

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