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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. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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