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Unreliable evidence weighing reduces Elkhart meth dealing conviction

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Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.

In Eldon E. Harmon v. State of Indiana, 20A03-1110-CR-529, the court ruled that imprecise measurements of “cooked” meth powder and the weight of liquid precursors to the drug were insufficient for the conviction and 40-year sentence with 30 executed.

“The sole basis for elevating Harmon’s offense from a Class B felony to a Class A felony was the weight of the drug. That is, to support the elevation, the State was required to prove beyond a reasonable doubt that Harmon manufactured at least three grams of methamphetamine,” Judge Paul Mathias wrote in a unanimous appeal that included a separate opinion from Judge Nancy Vaidik.

“Here, the State used an unreliable method to establish the weight element of the Class A felony offense. We acknowledge that, for reasons that are not readily apparent, the State Police Laboratory has a policy against weighing liquids. But there were other, scientific ways the State could have established the actual, measured weight of the samples of liquid methamphetamine base,” Mathias wrote.

The techniques involved a state trooper weighing meth against packets of artificial sweetener, and what Harmon in his appeal referred to as jurors permitted to act as “human scales.”

“This evidence was inadequate to establish the ‘actual, measured weight,’” the ruling said.

Vaidik wrote in a concurring opinion that more clarity is needed with determining the weight of meth and its precursors for charging purposes.

Measuring the final product is clear-cut, she wrote, but “issues arise, however, when the manufacturing process has not been completed
and the methamphetamine is still mixed in with liquid ingredients. Varying methods have been used to determine the actual weight of the methamphetamine produced in this situation.

“I find the method of measuring the weight of the methamphetamine and the liquid together to be inherently problematic and to require
ascertaining the legislative intent behind the manufacturing-of-methamphetamine statute. I conclude that the legislature did not intend for the liquid byproduct of the manufacturing process to be included in the measurement of the weight of methamphetamine involved.”

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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