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Having the ingredients is not proof of a man’s intention to cook

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Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.

The Court of Appeals overturned a Jennings County man’s conviction for Class D felony possession of chemical reagents or precursors with the intent to manufacture a controlled substance.

Dustin Jack Gifford was charged with intent to manufacture after police officers pulled him over and found two boxes of pseudoephedrine and lithium batteries hidden in his car. A friend who accompanied Gifford on the shopping spree told law enforcement their plan was to sell or trade the products for a “half gram of meth.”

On appeal, Gifford asserted the evidence was insufficient to prove he was going to make methamphetamine.

The state conceded in Prater v. State, 922 N.E.2d 746, 749 (Ind. Ct. App. 2010), the Court of Appeals held that the language of the statute requires proof that the defendant who possesses the drug-making ingredients must also have the “personal intent to manufacture methamphetamine.”

In Dustin Jack Gifford v. State of Indiana, 40A05-1304-CR-197, the Court of Appeals held the plain language of the statute is clear and declined the state’s invitation to revisit the issue.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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