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
Shepard, Senior Judge
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.
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.
and Procedural History
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
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.
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.
The State charged Dill with one count of Level 2 felony
dealing in methamphetamine,  one count of Level 6 felony
maintaining a common nuisance,  and Class B misdemeanor
possession of marijuana.
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.
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 ...