Drugs

Novel FedEx drug-shipping case left to skeptical judge at trial

June 13, 2016
 Bloomberg News
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
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Obama commutes drug sentence of South Bend man

June 6, 2016
 Associated Press
President Barack Obama has commuted the 20-year sentence of a South Bend man imprisoned in 2004 after pleading guilty to federal drug-trafficking charges.
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States ban kratom supplement over abuse worries

May 20, 2016
 Associated Press
Kratom, a little-known plant-based substance often sold as an herbal supplement to address chronic pain, is raising alarm bells in states concerned that it could be as addictive as heroin.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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Indiana sues to keep silver bars, coins seized from property

May 12, 2016
 Associated Press
The state of Indiana is suing to retain ownership of 458 silver bars valued at $220,000 that were seized from a northern Delaware County property last November.
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Scientific basis for laws on marijuana, driving questioned

May 10, 2016
 Associated Press
Six states that allow marijuana use have legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation's largest automobile club that calls for scrapping those laws.
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Gilead judge re-opens case amid claim Merck scientist lied

May 2, 2016
 Bloomberg News
A federal judge re-opened Merck & Co.’s patent case against Gilead Sciences Inc. over a hepatitis C drug amid claims that an ex-Merck scientist lied to a jury that awarded the company $200 million in damages.
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Nebraska, Oklahoma join suit to halt Colorado marijuana law

April 29, 2016
 Associated Press
Nebraska Attorney General Doug Peterson and his counterpart in Oklahoma are joining a lawsuit aimed at halting legal marijuana in Colorado.
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Wayne County prosecutor creates drug treatment program

April 28, 2016
 Associated Press
An eastern Indiana prosecutor is starting a new treatment program for drug offenders that he hopes will end the cycle of addiction.
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Supreme Court upholds felony dealing conviction

April 26, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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7th Circuit: Prisoner denied due process

April 20, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner could not defend the possession of heroin charge against him and thus remanded his case for rehearing.
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Painkiller distributors face trials

April 20, 2016
Marilyn Odendahl
Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.
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Judge accepts 3rd plea deal in Granger party overdose case

April 14, 2016
 Associated Press
A South Bend judge has accepted a third plea agreement for a teenager accused of bringing drugs to a party that two brothers attended before dying of overdoses.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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Pharmacists, state court administration enlisted in fight against meth labs

March 21, 2016
Marilyn Odendahl
A comprise bill that would allow pharmacists to deny the sale of over-the-counter medicines containing ephedrine or pseudoephedrine was signed into law Monday.
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Pence approves mandatory minimums for drug dealing

March 21, 2016
Marilyn Odendahl
Gov. Mike Pence toughened sentences for drug dealers Monday, signing legislation that would mandate repeat offenders serve at least 10 years if their crime involves methamphetamine or heroin.
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Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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Pharmacist discretion bill heads to governor's desk

March 10, 2016
 Associated Press
A bill to allow pharmacists to serve as gatekeepers for cold medicines that contain the common methamphetamine ingredient pseudoephedrine is on its way to the Gov. Mike Pence for consideration.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Bill giving longer sentences to drug dealers headed to governor

March 7, 2016
Marilyn Odendahl
A bill imposing mandatory minimum sentences for drug offenders has been approved by the Indiana Legislature and is expected to be signed by Gov. Mike Pence.
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Residential substance abuse treatment grant applications sought

February 25, 2016
IL Staff
Residential Substance Abuse Treatment for State Prisoners grant applications are being accepted until March 31, the Indiana Criminal Justice Institute announced Thursday.
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Senate panel approves bill to punish meth, heroin dealers

February 24, 2016
 Associated Press
Meth and heroin dealers in Indiana will face harsher penalties if they are convicted and have a criminal history under a bill passed by a state Senate panel Tuesday.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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