drugs
Woman’s sentence revised because she is not among ‘worst offenders’
February 7, 2013
Jennifer NelsonA home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her
sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed
chase led to a crash and the death of the patient from injuries she sustained.
MoreDefendant entitled to resentencing under Fair Sentencing Act
February 7, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy
to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
MorePrisoners can seek reductions of crack cocaine sentences
February 7, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two
defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
MoreJudges affirm man’s drug conviction
February 6, 2013
IL StaffA man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A
felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s
motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
MoreMan entitled to new trial based on trial counsel’s performance
February 5, 2013
Jennifer NelsonA man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney
did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
MoreJudges uphold drug possession conviction, reverse habitual offender enhancement
January 18, 2013
Jennifer NelsonA man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family
housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual
offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
MoreJudge supports denying rehearing, but disagrees with colleagues’ rationale
January 9, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally
upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed
with her fellow panel members’ rationale for originally affirming the seizure.
MoreJudges ‘disturbed’ by linking of drugs to defendant’s nationality
January 3, 2013
Jennifer NelsonEven though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted
testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new
trial.
MoreCOA upholds cocaine convictions, sentence
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession
of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered
jury instruction.
MoreAttempted ‘hybrid’ defense delay didn’t violate speedy trial rule
December 18, 2012
Dave StaffordA criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender
was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
MoreCOA splits over reversing possession conviction
December 7, 2012
Jennifer NelsonA divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting
Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category
of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
MoreLawmakers to look at marijuana penalties
December 5, 2012
Marilyn OdendahlThere's a growing appetite by some in the Legislature for leniency.
MoreResisting conviction reversed, but meth convictions stand
December 4, 2012
Dave StaffordA man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed,
but the Court of Appeals was not persuaded to overturn his drug convictions.
More7th Circuit affirms drug conspiracy judgments, cautions prosecution
December 3, 2012
Dave StaffordNine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will
continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal
prosecutors.
MoreImmigration cases dominate federal system, report says
December 3, 2012
IL StaffImmigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing
Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
MoreCourt correctly dismissed man’s motion to correct sentence
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct
his sentence stemming from drug convictions in 1994.
MoreOff-duty police officer’s stop and frisk violated Fourth Amendment
November 15, 2012
Marilyn OdendahlThe stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches
even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
MoreCourt affirms termination of parental rights for drug-using mom, dad
November 15, 2012
Dave StaffordA mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services
was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
MoreFeds charge 8 more NW Indiana gang members
November 9, 2012
IL StaffFederal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands
on previous homicide and drug trafficking charges.
MorePolice had reasonable suspicion to stop men, search bag
October 31, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he
and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony
attempted dealing in methamphetamine.
MoreCourt of Appeals rules that blinking turn signal not enough to support drug conviction
October 19, 2012
Marilyn OdendahlFinding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals
threw out a conviction for possession of marijuana.
MoreZoeller: Problem-solving courts may help fight Rx abuse
October 8, 2012
IL StaffIndiana Attorney General Greg Zoeller said a newly formed prescription drug abuse task force will examine whether special
problem-solving courts may be a venue for fighting prescription painkiller abuse.
MoreCOA rejects arguments Batson should extend to juror age
October 2, 2012
Jennifer NelsonA trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans
from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
MoreCourt affirms mobile meth lab conviction, sentence arising from car search
September 25, 2012
Dave StaffordA man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday
by the Indiana Court of Appeals.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.