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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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