MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Nov 30 2020, 11:20 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court estoppel, or the law of the case. ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Michael C. Cunningham Curtis T. Hill, Jr. Judson G. McMillin Attorney General of Indiana Brookville, Indiana Courtney Staton Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Jeffery C. Moore, November 30, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-1339 v. Appeal from the Dearborn Superior Court State of Indiana, The Honorable Jonathan N. Appellee-Plaintiff. Cleary, Judge Trial Court Cause No. 15D01-2006-F2-11 Tavitas, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CR-1339 | November 30, 2020 Page 1 of 20 Case Summary [1] In this interlocutory appeal, Jeffery Moore appeals from the trial court’s second bond order. We affirm. Issues [2] Moore raises four issues, which we consolidate and restate as follows: I. Whether Moore was denied a prompt initial hearing. II. Whether the trial court abused its discretion in denying Moore’s motion for a bond reduction. Facts [3] During the relevant period, Moore and his wife, Rhonda, resided in Aurora, Indiana. In January 2020, a confidential informant (“CI”) told the Dearborn County Sheriff’s Department that Moore had a significant marijuana growing operation and also sold marijuana and paraphernalia. On March 19, 2020, detectives gave the CI $175.00 to purchase marijuana from Moore. The CI emerged from Moore’s residence with over one ounce of marijuana. Moore facilitated, but was not present for the transaction, which Rhonda conducted. On June 24, 2020, the CI purchased over twenty-eight grams of marijuana from Court of Appeals of Indiana | Memorandum Decision 20A-CR-1339 | November 30, 2020 Page 2 of 20 Moore for $200.00. Law enforcement officers 1 recorded audio of discussions from both controlled buys. [4] On June 24, 2020, Detective Carl Pieczonka of the Dearborn County Sheriff’s Office obtained a search warrant for Moore’s residence. On June 25, 2020, law enforcement officers executed the search warrant. Considerable evidence of drug activity was seized, 2 as well as “20 to 30 guns[,]” many of which were loaded, and a significant amount of cash, silver bars, and silver coins. Tr. Vol. II p. 9. Moore was placed under arrest. [5] On Friday, June 26, 2020, the State filed its initial probable cause affidavit, and the trial court found probable cause for Moore’s arrest. On Monday, June 29, 2020, Detective Pieczonka filed an amended probable cause affidavit. That same day, the State charged Moore and Rhonda with two counts of dealing in a Schedule I controlled substance, Level 2 felonies; dealing in marijuana and corrupt business influence, Level 5 felonies; possession of a narcotic drug, a 1 Detective Pieczonka was assisted by Sheriff Shane McHenry and Detective T.J. Pendergast of the Dearborn County Sheriff’s Office and the Dearborn ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals