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Dill v. State

Court of Appeals of Indiana

August 22, 2017

Amanda Dill, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Orange Circuit Court. No. 59C01-1503-F2-179 The Honorable Larry R. Blanton, Presiding Judge.

          Attorneys for Appellant Patrick J. Smith Bedford, Indiana Trent Thompson Salem, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana

          Shepard, Senior Judge

         [¶1] Indiana has a statute that bars charging a defendant in state court for the same conduct covered by a federal prosecution, even when the federal and state constitutional provisions on double jeopardy would permit doing so.

         [¶2] In this interlocutory appeal, we conclude that the trial court was correct in declining to dismiss the charges against appellant Amanda Dill, notwithstanding the entry of a conviction in federal court on related charges.

         Facts and Procedural History

         [¶3] At just past noon on March 3, 2015, state law enforcement officers executed a no-knock search warrant authorized by the judge of the Orange Circuit Court. While waiting for the warrant to be completed and authorized, and continuing to conduct surveillance, officers observed two people arrive in a white vehicle, enter the hotel room that was about to be searched, and then leave a short time later. Once the warrant was authorized, officers entered the hotel room, where they found Dill, her two children, and Dill's boyfriend Terry Brown.

         [¶4] Upon entering, officers observed Dill and her children sitting on the bed nearest the window. A table located next to the window and bed, and in proximity to Dill and the children, had a line of methamphetamine on it.

         [¶5] Both Dill and Brown were placed in handcuffs and read their Miranda rights. Officers seized fourteen grams of marijuana found in Brown's front pocket and immediately transported him to jail. After staff of the Indiana Department of Child Services arrived to take custody of the children, Dill was also transported to jail. A search of the room revealed methamphetamine and many items consistent with dealing meth. Dill admitted to officers that she had sold meth for $60 just prior to the execution of the warrant.

         [¶6] The State charged Dill with one count of Level 2 felony dealing in methamphetamine, [1] one count of Level 6 felony maintaining a common nuisance, [2] and Class B misdemeanor possession of marijuana.[3]

         [¶7] About a month later, federal authorities indicted Dill and thirteen co-defendants. Dill pleaded guilty to the conspiracy charge and received a sixty-month executed sentence followed by three years of supervised release. Dill then moved to dismiss the state court charges, contending that further prosecution would violate the statute on double jeopardy. The trial court heard argument and denied the motion.

         Discussion and Decision

         [¶8] A defendant seeking to have charges dismissed bears the burden of proving by a preponderance of the evidence all facts necessary to support the motion to dismiss. Swenson v. State, 868 N.E.2d 540 (Ind.Ct.App. 2007). Dill, like other defendants whose motion has been denied, appeals from a negative judgment. We will reverse the trial court's ruling in that situation only if the ...


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