drugs

Circuit Court affirms judgments against 2 ex-IMPD narcotics officers

March 22, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
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Judges affirm insurer has no duty to defend

March 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
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COA reverses marijuana conviction based on intent

March 8, 2011
Rebecca Berfanger
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
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Judges uphold man's remanded drug sentence

March 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
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Defense attorney's arranged drug buy illegal

February 28, 2011
Jennifer Nelson
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
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7th Circuit agrees crack cocaine offender's sentence can't be reduced

February 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
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Supreme Court affirms admitting English transcript at trial

February 9, 2011
Jennifer Nelson
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
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Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
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7th Circuit extends search, detainment precedent

February 1, 2011
Michael Hoskins
More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.
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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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Judge and his wife use son's death to discuss prescription drug abuseRestricted Content

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Judges: Officers lacked reasonable suspicion to stop and detain man

December 1, 2010
Jennifer Nelson
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
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7th Circuit: Drug convictions stand

November 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
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Court rejects man's explanation of 'briefly'

November 15, 2010
Jennifer Nelson
A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.
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No error in refusal to tender 'missing witness' instruction

November 15, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s drug convictions, finding the District Court didn’t err by refusing to give the jury a requested “missing witness” instruction.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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7th Circuit orders lower court to consider a minor participant reduction

October 13, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
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Justices remand to see if defendant had accurate interpreting

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
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Appellate court vacates murder, dealing convictions

September 23, 2010
Jennifer Nelson
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
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High court clarifies harmless error under Sixth Amendment

September 21, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
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Judges rule man's right to speedy trial was violated

August 30, 2010
Jennifer Nelson
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
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Look-alike offense counts as controlled-substance offense in sentencing

August 25, 2010
Jennifer Nelson
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes, the 7th Circuit Court of Appeals ruled for the first time Tuesday.
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7th Circuit: Officer allowed to resume frisk

August 10, 2010
Jennifer Nelson
As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when police have many reasons why they may legitimately stop the car.
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7th Circuit expands inquiry to implicit motion for new attorney

August 5, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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