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COA upholds drug conviction

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The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.

In Ronyai Thompson v. State of Indiana, No. 49A05-1106-CR-323, Ronyai Thompson raised three arguments on appeal: that the trial court abused its discretion when it denied his motion to dismiss the charges against him under Indiana’s statute barring successive prosecutions; that the trial court improperly denied his Batson challenges; and that evidence was insufficient to support his Class A felony dealing in cocaine conviction.

Police had a house under surveillance, believing that drug transactions were happening there. While observing the home, police saw a man – later determined to be Thompson – driving to and from the duplex. When police decided to contact the people inside the home, they saw Thompson inside. After talking to Thompson, police determined he was the man driving the car and that his driving privileges had been suspended. After a search of the home, Thompson was charged in one case with driving while suspended; he was charged with various drug offenses and driving while suspended under another cause number.

He pleaded guilty to the driving while suspended charge in the first case and was later convicted of dealing in cocaine in the other case. At the trial under the second cause number, he tried to have the charges dismissed based on the state’s successive prosecution statute. He also challenged the state’s peremptory challenges of two African-American jurors.

The COA concluded that it may have been better for the state to join all the charges against Thompson, but that there was no evidence that the driving while suspended offense in the first case was part of a single scheme or plan with the drug offenses in the second case. With regards to the Batson challenges, other jurors who were not African-American were struck from the jury for similar reasons as the two African-American jurors. The judges found the trial court didn’t err when it allowed the state to use its peremptory challenges to strike the two African-American members of the venire.

Finally, the judges concluded sufficient evidence existed of Thompson’s constructive possession of cocaine to support the conviction.

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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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