drugs
Man’s prior conviction doesn’t render him a career offender
May 10, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in
the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current
sentence should be reduced to reflect he isn’t a career offender.
MoreState not trying to circumvent adverse ruling in refiling charges
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally
dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential
informant.
MoreDenial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreStore owner’s ‘Spice law’ prosecution may proceed, COA rules
May 6, 2013
Dave StaffordThe state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully
argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative
authority to the Board of Pharmacy.
MoreAppeals court overturns suppression of evidence gathered in search
April 19, 2013
Dave StaffordA special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that
led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
More7th Circuit declines to overturn ruling on excessive force
April 18, 2013
Jennifer NelsonA man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that
it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
MoreMother, wife could consent to search of home for meth
April 18, 2013
Jennifer NelsonA man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s
disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
MoreJustices suspend Bloomington attorney who arranged drug buy
April 18, 2013
IL StaffBloomington attorney David Schalk, who arranged a drug buy in 2007 in an attempt to impeach a witness’s credibility
at trial, has been suspended for at least nine months by the Indiana Supreme Court.
More7th Circuit affirms men’s drug convictions
April 16, 2013
Jennifer NelsonIn a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court
of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler
pleaded guilty but argued he should be allowed to appeal.
MorePresence of alternate juror in deliberation room not reversible error
April 4, 2013
Dave StaffordA man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana
was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled
Thursday.
MoreJustices divided over vacating transfer in drug case
April 3, 2013
IL StaffThree of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case
challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
MoreMan may not have drug sentence reduced after pleading guilty
March 29, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded
guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MorePolice following drug package wire into home unconstitutional, COA rules
March 26, 2013
Dave StaffordPolice violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track
the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
MoreMan’s statement on drug allowed at trial
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s
statement to police that he had marijuana in his car.
MoreSynthetic drug ban, human trafficking bills move out of committee
March 14, 2013
IL StaffSenate bills stiffening the state’s synthetic drug ban and strengthening Indiana’s human trafficking laws were
approved unanimously by the House of Representatives Committee on Courts and Criminal Code Wednesday.
More7th Circuit again reverses drug sentence for minor role reduction
March 13, 2013
Dave StaffordA man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court
of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider
his minor role compared with conspirators.
MoreMan’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
February 28, 2013
Jennifer NelsonAfter pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana
Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
MoreConsecutive sentences in drug buy case ruled inappropriate
February 26, 2013
Dave StaffordA man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received
an inappropriate punishment, the Court of Appeals ruled Tuesday.
MorePro se defendant wins reversal of restitution order
February 18, 2013
Jennifer NelsonA defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing
will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court
of Appeals ruled.
MoreCVS to pay $400k to state over illegal billings to Medicaid
February 13, 2013
IL StaffIndiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that
its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
MoreCar’s color alone doesn’t support traffic stop
February 13, 2013
Jennifer NelsonIn a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider
whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable
suspicion of criminal activity.
More6 bills in Indiana Statehouse aimed at slowing the manufacture of meth
February 13, 2013
Marilyn OdendahlThe description Rodney Cummings gives of Madison County makes the central Indiana area sound like a war zone. The source of
the problem is the manufacture and abuse of methamphetamine, a volatile mix of medicine and toxins that forms a highly addictive
drug.
MoreAnti-meth bill and right to hunt amendment clear Senate, head to House
February 12, 2013
IL StaffTwo high-profile bills cleared the Indiana Senate Monday and are headed to the House of Representatives.
MoreCourt error denying police deposition in drug case harmless, COA rules
February 11, 2013
Dave StaffordA Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment
purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!