drugs
DTCI: Protection of drug and alcohol treatment records
June 6, 2012
Lawyers representing plaintiffs and defendants in civil tort actions will eventually be challenged with protecting their client’s
alcohol and drug treatment records from disclosure.
MoreDefendants' drug sentences ineligible for reduction
May 31, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other
offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments
to the sentencing guidelines.
MoreCourt dismisses appeal because order isn't final
May 25, 2012
Jennifer NelsonThe Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony
dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
MoreCOA rules on first impression possession of marijuana issue
May 24, 2012
Jennifer NelsonA woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for
the first time Supreme Court precedent regarding possession of marijuana.
MoreCourt upholds sentence following threat to school
May 23, 2012
Jennifer NelsonA father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened
to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony
intimidation, which the Indiana Court of Appeals affirmed.
MoreAppeals court upholds seizure, transfer of suspected drug money
May 21, 2012
Dave StaffordA man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal,
but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
MoreJudges uphold revocation of probation
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge
at his hearing on petition to revoke.
MoreJudges uphold drug convictions and sentence
May 9, 2012
Jennifer NelsonA defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills
failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation
of privacy in the car, the Indiana Court of Appeals held.
MoreJudges reverse marijuana conviction
May 3, 2012
Jennifer NelsonThe search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial
court abused its discretion in admitting evidence obtained through an inventory search of the car.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
MoreJudges affirm denial of motion to withdraw plea
April 30, 2012
Jennifer NelsonThe trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed
to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were
filed against him, the Indiana Court of Appeals ruled.
MoreInsurer failed to prove driver violated policy clause
April 24, 2012
Jenny MontgomeryBecause a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot
deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
More7th Circuit upholds sentence for drug offenses
April 17, 2012
Jennifer NelsonDealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is
needed for the part of a case that challenges the denial of collateral relief.
MoreJudges order possession charge dismissed
April 17, 2012
Jennifer NelsonRelying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion
to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe
the man was armed and dangerous to justify the pat down.
MoreEvidence doesn't support enhanced possession charges
April 11, 2012
Jennifer NelsonBecause the state failed to prove that an early training center located near the defendant’s home constituted school
property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
MoreMajority reverses conviction based on meth manufacturing
April 5, 2012
Michael HoskinsA divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and
empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the
drug would have been produced in that amount.
MoreCOA upholds drug conviction
March 29, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial,
finding sufficient evidence to support his dealing in cocaine conviction.
MoreCOA rules police officer's questions not unconstitutional
March 16, 2012
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that
no constitutional violation occurred when he allowed a police officer to search his car.
MoreQuestionable results of drug tests
March 14, 2012
Michael HoskinsAttorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed
task force show that she may be justified in having that fear.
More7th Circuit affirms search warrant basis
March 8, 2012
Michael HoskinsThe 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to
a man’s jury convictions on drug charges.
MoreCourt orders new trial in methamphetamine case
March 7, 2012
Michael HoskinsThe Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that
the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.
More7th Circuit ponders search of cell phone
March 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search
a man’s phone for the phone’s number without a search warrant.
MoreSupreme Court split over reducing man's sentence
February 22, 2012
Jennifer NelsonThe Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for
having cocaine within 1,000 feet of a school when police stopped his vehicle.
MoreCOA overturns drug conviction
February 21, 2012
Jennifer NelsonBecause there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable,
the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
More7th Circuit upholds firearm conviction
February 3, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking
crime, finding there was sufficient evidence to support the conviction.
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Indianapolis law firm Stewart & Irwin closing
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.