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On rehearing, panel rejects double-jeopardy meth conviction claim

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A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.

The panel granted rehearing in Floyd Weddle v. State of Indiana, 73A01-1209-CR-452, in which the it found a protective sweep of a home was constitutional.  Officers sweeping Floyd Weddle’s home on a warrant for theft and false informing found drug evidence that formed the basis of a subsequent warrant that turned up meth and marijuana.

The Court of Appeals earlier this year affirmed Weddle’s aggregate 35-year sentence on multiple drug charges, and on rehearing reaffirmed in greater detail why his convictions of possession of methamphetamine and manufacturing methamphetamine weren’t double jeopardy. The panel rejected arguments that the charging information for the counts didn’t specify different modes of conduct and that the state presented the same evidence to support both charges.
 
“Weddle was found in possession of methamphetamine,” Judge John Baker wrote in the five-page opinion that reaffirmed the panel’s prior ruling. “The police also found numerous accoutrements in the residence that are used to manufacture additional methamphetamine. The jury could have reasonably concluded that Weddle was in possession of methamphetamine and was in the process of manufacturing an additional amount of the drug.”

The panel also included Judges Cale Bradford and Melissa May.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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