drugs

COA splits over reversing possession conviction

December 7, 2012
Jennifer Nelson
A 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.
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Lawmakers to look at marijuana penalties

December 5, 2012
Marilyn Odendahl
There's a growing appetite by some in the Legislature for leniency.
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Resisting conviction reversed, but meth convictions stand

December 4, 2012
Dave Stafford
A 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.
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7th Circuit affirms drug conspiracy judgments, cautions prosecution

December 3, 2012
Dave Stafford
Nine 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.
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Immigration cases dominate federal system, report says

December 3, 2012
IL Staff
Immigration 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.
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Court correctly dismissed man’s motion to correct sentence

November 21, 2012
Jennifer Nelson
The 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.
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Off-duty police officer’s stop and frisk violated Fourth Amendment

November 15, 2012
Marilyn Odendahl
The 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.
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Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A 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.
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Feds charge 8 more NW Indiana gang members

November 9, 2012
IL Staff
Federal 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.
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Police had reasonable suspicion to stop men, search bag

October 31, 2012
Jennifer Nelson
The 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.
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Court of Appeals rules that blinking turn signal not enough to support drug conviction

October 19, 2012
Marilyn Odendahl
Finding 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.
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Zoeller: Problem-solving courts may help fight Rx abuse

October 8, 2012
IL Staff
Indiana 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.
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COA rejects arguments Batson should extend to juror age

October 2, 2012
Jennifer Nelson
A 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.
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Court affirms mobile meth lab conviction, sentence arising from car search

September 25, 2012
Dave Stafford
A 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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Task force, billboards part of AG’s prescription drug abuse fight

September 24, 2012
IL Staff
Billboards around Indiana are part of an awareness campaign about the dangers of prescription drug abuse announced Monday by Indiana Attorney General Greg Zoeller.
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Teen bit by police dog during arrest may sue, appeals court rules

September 24, 2012
Dave Stafford
A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.
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Stepson’s testimony, cell phone search invalidate stepdad’s drug conviction

September 24, 2012
Dave Stafford
A man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.
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Man to get new trial on meth, marijuana charges

September 20, 2012
Jennifer Nelson
An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.
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Judges find evidence properly admitted in drug case

September 19, 2012
Jennifer Nelson
North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
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Judges advise defense attorneys to ask clients about citizenship

September 14, 2012
Jennifer Nelson
The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.
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Statute on car window tint not void for vagueness

September 12, 2012
Jennifer Nelson
The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
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Court correctly ruled toxicology department audit results ‘irrelevant’

September 6, 2012
Jennifer Nelson
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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Judges affirm jury instruction was not permitted under Barnes

September 5, 2012
Jennifer Nelson
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
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Man’s additional charges should have been dismissed

September 5, 2012
Jennifer Nelson
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
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Pill mills migrating to Indiana?

August 29, 2012
Marilyn Odendahl
The General Assembly and physician groups are considering ways to stop over-prescribing of pain medications.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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