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Judges reverse football player’s operating while intoxicated conviction

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The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.

Indianapolis Colts defensive end Fili Moala was convicted of Class C misdemeanors operating a vehicle with an alcohol concentration between 0.08 and 0.15 and operating a vehicle while intoxicated; the convictions were merged by the trial court. He was also convicted of Class B misdemeanor public intoxication.

Moala and the state agree that the operating while intoxicated conviction and the public intoxication conviction violate double jeopardy, but they disagree as to which conviction should be vacated. The state wanted to drop the Class B misdemeanor public intoxication conviction because the Class C misdemeanor operating while intoxicated could have more severe penalties, such as license suspension, and may lead to a future Class D felony charge if Moala is arrested again for drunk driving.

The appellate judges noted there is not a less serious form of either offense to remedy the double jeopardy issue. Moala argued that the lower class offense should be vacated and the judges agreed.

“As we do not believe non-punitive sanctions should be considered as part of the penal consequences of a conviction, we also do not believe potential future consequences should be considered in determining the penal consequences of a conviction. Considering future consequences would be speculative and raises the possibility of disparate treatment in sentencing,” wrote Chief Judge Margret Robb in Fili Moala v. State of Indiana, 49A02-1109-CR-870.

The judges also rejected the state’s argument that it should have the discretion to determine which conviction should be vacated upon a finding of double jeopardy.

They reversed the Class C misdemeanor operating while intoxicated conviction and ordered the trial court vacate it.

 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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