drugs
Man’s claims that protective sweep, search are unconstitutional fail
June 19, 2013
Jennifer NelsonA protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal
and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which
led to the discovery of drugs and paraphernalia – was impermissibly broad.
MoreAlthough Miranda rights were violated, physical evidence still admissible
June 18, 2013
Marilyn OdendahlAlthough a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana
Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
MoreJustices affirm conviction but remand for new sentencing order
June 14, 2013
Dave StaffordA man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve
the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive
to the others.
MoreJudge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground
June 11, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during
a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the
judge, as well as the alternative ground argued by the government, were “unsound.”
MoreDefendant breached plea agreement by fleeing to Mexico
June 10, 2013
Jennifer NelsonA defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five
years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.
MoreJudges consider cellphone restrictions after court video hits Facebook
June 7, 2013
Dave StaffordDisturbed by recent incidents in which video of open court has found its way online, Marion County judges on Friday discussed
restricting cellphones in court.
MoreACLU: Marijuana arrests for black people 3.7 times more than white people
June 4, 2013
Dave StaffordDeclaring “It’s time to end the war on marijuana,” the American Civil Liberties Union reported Tuesday that
black Americans were 3.7 times likelier than white Americans to be arrested for pot possession in 2010 despite similar rates
of use.
More7th Circuit finds meth dealer was acting like a merchant, not a manager
June 3, 2013
Marilyn OdendahlAlthough an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to
sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
MoreAppeals court tosses 1 of man’s 6 drug convictions
May 31, 2013
Dave StaffordA man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy,
the Court of Appeals ruled Friday.
MoreJustices vacate transfer in pot bust case heard in Merrillville
May 31, 2013
Dave StaffordA divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand
after the Indiana Supreme Court vacated transfer.
MoreEphedrine database allowable under business record hearsay exception
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine
and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
MoreAromatherapy distributors challenge new 'look-alike' synthetic drug law
May 30, 2013
Jennifer NelsonFour companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s
prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs
is unconstitutional.
MoreMan’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.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.