drugs
Justices uphold driver's license suspension
February 3, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of
possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the
vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle
when he commits the offense.
MoreOn petition for rehearing, appellate court affirms original opinion in drug case
January 31, 2012
Jenny MontgomeryA man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original
opinion affirming the trial court.
MoreJudges refuse to create another intoxication defense
January 19, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to
his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
More7th Circuit rules on drug sentences
January 12, 2012
Jennifer NelsonIn a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug
offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United
States v. Corner.
MoreJudges order pharmacy board to respond to subpoena
January 11, 2012
Jennifer NelsonA Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s
subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use
the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
MoreJudges uphold man's convictions, enhanced sentence
December 20, 2011
Michael HoskinsThe Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
In first impression ruling, COA reverses trial court on illegal search
December 16, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in
a man’s pocket.
MoreEvidence properly admitted under independent source doctrine
December 14, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone
number on a defendant’s cell phone in 2007 at the man’s trial several years later.
MoreCOA affirms denial of motion to suppress
December 6, 2011
Jennifer NelsonThe actions of police officers who showed up on a man’s property to investigate a complaint – which led to the
discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
MoreConfidential informant testimony did not hinder defense
December 6, 2011
Jenny MontgomeryA man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified
at trial anonymously, the Indiana Court of Appeals ruled.
MoreCOA finds no error in juvenile adjudication
December 6, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center,
holding sufficient evidence exists to support the court’s dispositional order.
MorePhotos admissible when evidence has been destroyed
December 5, 2011
Jenny MontgomeryIn an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance,
the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had
been destroyed.
MoreCOA addresses impact of guilty pleas on immigration status
November 28, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’
failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
MoreAppellate judges travel to Indianapolis high school
November 28, 2011
IL StaffThe Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North
High School in Indianapolis.
MoreCOA orders trial court to award credit for time served
November 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was
insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment
program.
MoreLawmakers discuss sentencing
October 26, 2011
Jenny MontgomeryProposed changes would reclassify drug crimes and emphasize county oversight.
MoreFederal court addresses resentencing issue
October 25, 2011
Michael HoskinsA federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive
a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
MoreCOA: surety agency's lack of timely action justifies fines
September 13, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s determination that a surety agency failed to comply with Indiana
Code and is therefore liable for a deceased man’s bond.
MoreMan's detainment by officer violated 4th Amendment
August 31, 2011
Jennifer NelsonConservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man
and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
MoreMeth use linked to increase in CHINS
August 31, 2011
Jenny MontgomeryLeslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable,
but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example,
new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible
reasons for these variations.
MoreVictim's statements to nurse allowed, but judges reverse convictions
August 22, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her
attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated.
However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct
evidence involving the defendant and the victim.
MoreCircuit Court affirms admission of drugs, sentence
July 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t
a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
MoreCourt decides 2nd marijuana-odor case in 2 days
July 15, 2011
Michael HoskinsContinuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw
marijuana can be enough for police to search someone during a valid traffic stop.
MoreSearch didn't violate driver's rights
July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
MoreCOA: Evidence supports dealing conviction
July 14, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough
created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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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.
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.