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Majority reverses conviction based on meth manufacturing

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A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.

The ruling came in Douglas W. Fancil v. State of Indiana, No. 20A01-1107-CR-339, with the panel affirming and reversing in part a ruling by Elkhart Circuit Judge Terry Shewmaker.

Douglas W. Fancil appeals his jury conviction for Class A felony dealing with methamphetamine, based on the police finding no meth in his residence and the prosecutor’s reliance on the amount of manufacturing materials and his past history of buying pseudoephedrine as key evidence. At trial, the state called a detective experienced in meth manufacturing to testify about the process and prove that Fancil manufactured the pseudoephedrine into three or more grams of meth.

At the end of the trial, the court instructed the jury on both Class A felony dealing in meth and Class B felony dealing in meth as a lesser-included offense. But the court refused to instruct the jury on the lesser-included offense of possession of reagents or precursors with intent to manufacture methamphetamine. The jury found Fancil guilty and he received a 48-year prison sentence, with four years suspended to probation.

On appeal, the panel found the evidence was insufficient to support the conclusion that Fancil manufactured three or more grams of meth. But the judges found no other error.

Relying on its decision in Halferty v. State, 930 N.E.2d 1149, 1153 (Ind. Ct. App. 2010), that involved similar facts, the appellate panel determined that the police detective’s testimony could not be included because it was not conclusive about how much meth could have been made from the materials in the residence. The Supreme Court denied transfer in that case, and Halferty’s conviction was reversed.

In this case, a two-judge majority remanded the case with instructions to enter a conviction for Class B felony dealing in meth with an appropriate sentence.

Judge L. Mark Bailey disagreed with his colleagues Judges John Baker and Carr Darden, finding the evidence was sufficient to conclude what the state charged. He disagreed that the Halferty precedent applies to these facts and that the police detective’s testimony was more conclusive here than it was in that earlier case. As a result, he would have affirmed the trial court because a reasonable inference that Fancil produced three or more grams of meth was possible.

 

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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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