drugs

Having the ingredients is not proof of a man’s intention to cook

October 10, 2013
Marilyn Odendahl
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
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Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

September 18, 2013
Dave Stafford
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
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Instructions not to letter of the law, but no harm done

September 16, 2013
Marilyn Odendahl
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
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Exclusion of money talk not a reversible error

September 3, 2013
Marilyn Odendahl
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
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Men sentenced for aiding inmate-run meth ring

August 28, 2013
Dave Stafford
Two men found guilty of participating in a drug-trafficking ring directed by Indiana prison inmates were sentenced in federal court on Tuesday.
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Zoeller announces launch of prescription-abuse website

August 16, 2013
IL Staff
Calling attention to the rising number of overdose deaths in Indiana, Attorney General Greg Zoeller announced a new website meant to help inform people about the risks and warnings signs of prescription drug abuse.
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Divided appellate court reinstates charges stemming from illegal stop

August 15, 2013
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
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Habeas writ reverses resentencing from divided COA

August 6, 2013
Dave Stafford
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
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7th Circuit affirms residential search based on ‘nonverbal cues’

July 31, 2013
Dave Stafford
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
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COA: Lingering odor of burnt marijuana does not justify warrantless search

July 31, 2013
Marilyn Odendahl
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
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7th Circuit addresses 'khat' convictions for first time

July 25, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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COA: Police escort into home does not violate 4th Amendment

July 24, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
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Search of man, car that led to drug arrest constitutional, COA rules

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
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7th Circuit affirms drug convictions, sentence

July 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
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Defendant waived right to appeal sentence

July 3, 2013
Jennifer Nelson
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
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Justices: Officer had reasonable suspicion window tint violated law

June 25, 2013
Jennifer Nelson
The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.
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Man’s claims that protective sweep, search are unconstitutional fail

June 19, 2013
Jennifer Nelson
A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.
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Although Miranda rights were violated, physical evidence still admissible

June 18, 2013
Marilyn Odendahl
Although a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
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Justices affirm conviction but remand for new sentencing order

June 14, 2013
Dave Stafford
A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.
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Judge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
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Defendant breached plea agreement by fleeing to Mexico

June 10, 2013
Jennifer Nelson
A defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.
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Judges consider cellphone restrictions after court video hits Facebook

June 7, 2013
Dave Stafford
Disturbed by recent incidents in which video of open court has found its way online, Marion County judges on Friday discussed restricting cellphones in court.
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ACLU: Marijuana arrests for black people 3.7 times more than white people

June 4, 2013
Dave Stafford
Declaring “It’s time to end the war on marijuana,” the American Civil Liberties Union reported Tuesday that black Americans were 3.7 times likelier than white Americans to be arrested for pot possession in 2010 despite similar rates of use.
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7th Circuit finds meth dealer was acting like a merchant, not a manager

June 3, 2013
Marilyn Odendahl
Although an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
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Appeals court tosses 1 of man’s 6 drug convictions

May 31, 2013
Dave Stafford
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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