Drugs

No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Sales of Polar Pure brings forfeiture dispute to US Supreme Court

March 28, 2017
Marilyn Odendahl
The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.
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COA rules park with no playground cannot enhance drug conviction

March 22, 2017
Marilyn Odendahl
A split Indiana Court of Appeals, divided over whether a park with no trees, no playground equipment and no benches could attract children during a school day, reversed a man’s conviction for Level 4 felony dealing in methamphetamine.
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Supreme Court: Man allowed to view video of controlled drug buy with informant

March 17, 2017
Olivia Covington
A Vigo County man facing drug charges will now be able to review a video of a controlled drug buy between himself and an informant after the Indiana Supreme Court decided Friday that the disclosure of the video would be relevant and helpful to his case.
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City sues drugmaker for letting OxyContin flood black market

March 14, 2017
 Associated Press
As deaths from painkillers and heroin abuse spiked and street crimes increased, the mayor of Everett, Washington, took major steps to tackle the opioid epidemic devastating this working-class city north of Seattle. He sued the maker of OxyContin.
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COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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Treatment center to offer substance-abuse education geared for lawyers

February 9, 2017
Dave Stafford
Recent studies showing disproportional rates of substance abuse among attorneys prompted Fairbanks Treatment Center to announce Thursday the advent of educational programs for people in the legal profession who may be at risk of alcoholism or drug addiction.
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COA affirms convictions of man involved in fatal police chase

February 8, 2017
Olivia Covington
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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COA affirms drug convictions

January 27, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the convictions of a man convicted on a litany of drug-related charges after finding that the evidence was sufficient to support his convictions and that there were no constitutional violations or court errors that harmed his case.
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Indiana pain medicine doctor faces 55 felony charges

January 27, 2017
 Associated Press
An Indiana doctor faces 55 felony charges after federal investigators say he traded pills for work on his farm among other accusations.
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House panel OKs needle exchange bill despite AG’s opposition

January 26, 2017
 Associated Press
A proposal that would give counties and municipalities control over creating needle-exchange programs in their communities advanced through a legislative committee Wednesday, despite opposition from new Attorney General Curtis Hill.
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7th Circuit affirms denial of evidentiary hearing, post-conviction review

January 25, 2017
Olivia Covington
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
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Funding ‘critical’ to continue criminal code reform initiatives

January 25, 2017
Marilyn Odendahl
As lawmakers hammer out another biennial budget, officials backing Indiana’s criminal justice reform say money is the key to keeping the effort moving forward.
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COA: Exigent circumstances justified warrantless search

January 19, 2017
Olivia Covington
An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.
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Delaware County prosecutor changing how drug cases handled

January 17, 2017
 Associated Press
The top prosecutor in Delaware County says he's changing the way his office handles drug prosecutions.
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Southern Indiana courts see rise in heroin, meth sentences

January 16, 2017
 Associated Press
Recently released court statistics show a growing percentage of prisoners sentenced for federal drug crimes in southern Indiana are heroin offenders.
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Link between addiction, criminal justice discussed with legislators

January 12, 2017
Olivia Covington
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
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COA reverses drug convictions for unreasonable ‘military-style assault’

January 6, 2017
Olivia Covington
A “military-style assault” on an Evansville home was unreasonable, a divided Indiana Court of Appeals held Friday, reversing a man’s various felony and misdemeanor drug convictions.
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Charges dropped against 2 doctors in painkiller probe

December 28, 2016
 Associated Press
The Wayne County prosecutor has dropped charges against two doctors in an investigation of how drugs were prescribed at an addiction clinic.
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Search of man’s mouth ruled unconstitutional

December 21, 2016
Marilyn Odendahl
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
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