State appellate court sides with county prosecutor
By Debbie Lowe Staff writer

Thompson

The Indiana Court of Appeal, in a ruling issued May 9, determined the Carroll County Prosecutor's Office met the "burden of establishing a prima facie case" involving Clint Jervis of Rossville in August 2007.

After evidence was presented to a jury in an August 2007 criminal trial, Jervis' court-appointed attorney Patrick Manahan's motion for a directed verdict on two felony counts was granted by Carroll Circuit Court Judge Donald Currie. A motion for the same on another two counts was denied.

Prosecutor Tricia Thompson explained the meaning of a "directed verdict."

"In general, a directed verdict is a decision by the judge presiding over the trial that there is a total lack of evidence presented by the state (represented by the prosecuting attorney) regarding an essential issue," she said. "It takes that issue out of the jury's hands."

"In a criminal case, that decision (a directed verdict) amounts to an acquittal on that issue."

Jervis was charged on Nov. 10, 2005, by former prosecutor Rob Ives, with felony counts of possession of chemical reagents or precursors with the intent to manufacture methamphet-amine, dealing in meth and dealing in a sawedoff shotgun. An additional felony charge of dealing in meth was filed Feb. 17, 2006.

A not-guilty plea was entered March 7, 2006. Opening statements in the trial by jury were Aug. 6, 2007. The directed verdict was granted Aug. 8. Jervis was found guilty of the remaining two felony counts on Aug. 9 and sentenced Sept. 14.

Thompson initiated an appeal Aug. 30 which was referred to the Indiana State Attorney General's Office to further represent the state at the appellate level. The court appointed Lafayette attorney Mike Troemel to represent Jervis. The attorney general's office decided the appeal had merit and proceeded.

The appellate court said in the decision, "…the trial court should not have granted Jervis' motion for directed verdict. Specifically, the State asserts that ample evidence was presented that the manufacturing process had begun and was ongoing, that Jervis was involved in the manufacturing, and that the manufacturing occurred in Carroll County. We agree."

"Although we reverse the erroneous judgment on the evidence in favor of Jervis, he cannot be retried because an erroneous entry of acquittal by the trial court acts as an acquittal for double jeopardy purposes," the finding concluded.

"I filed an appeal in this case because I believed it was in the best interest of this community," Thompson concluded. "Although it does not change the outcome of the case, hopefully it will have an effect in future cases when the defense makes the same or similar arguments."