drugs
Judges uphold man's remanded drug sentence
March 7, 2011
Jennifer NelsonThe 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.
MoreDefense attorney's arranged drug buy illegal
February 28, 2011
Jennifer NelsonThe 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.
More7th Circuit agrees crack cocaine offender's sentence can't be reduced
February 22, 2011
Jennifer NelsonThe 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).
MoreSupreme Court affirms admitting English transcript at trial
February 9, 2011
Jennifer NelsonEnglish 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.
MoreJudges order new PCR hearing on guilty plea issue
February 7, 2011
Jennifer NelsonThe 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.
More7th Circuit extends search, detainment precedent
February 1, 2011
Michael HoskinsMore 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.
MoreAppellate court to hear arguments in Fishers
December 9, 2010
IL StaffThe 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.
MoreJudge and his wife use son's death to discuss prescription drug abuse
December 8, 2010
Michael HoskinsThe 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.
More7th Circuit: judge erred when sentencing man
December 2, 2010
Jennifer NelsonThe 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.
MoreJudges: Officers lacked reasonable suspicion to stop and detain man
December 1, 2010
Jennifer NelsonBecause a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court
of Appeals reversed his drug conviction today.
More7th Circuit: Drug convictions stand
November 17, 2010
Jennifer NelsonThe 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.
MoreCourt rejects man's explanation of 'briefly'
November 15, 2010
Jennifer NelsonA 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.
MoreNo error in refusal to tender 'missing witness' instruction
November 15, 2010
Jennifer NelsonThe 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.
MoreCOA finds voyeurism statute not vague
October 29, 2010
Jennifer NelsonThe 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.
More7th Circuit orders lower court to consider a minor participant reduction
October 13, 2010
Jennifer NelsonThe 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.
MoreJustices remand to see if defendant had accurate interpreting
September 29, 2010
Jennifer NelsonThe 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.
MoreAppellate court vacates murder, dealing convictions
September 23, 2010
Jennifer NelsonThe 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.
MoreHigh court clarifies harmless error under Sixth Amendment
September 21, 2010
Jennifer NelsonThe 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.
MoreJudges rule man's right to speedy trial was violated
August 30, 2010
Jennifer NelsonThe 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.
MoreLook-alike offense counts as controlled-substance offense in sentencing
August 25, 2010
Jennifer NelsonA 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.
More7th Circuit: Officer allowed to resume frisk
August 10, 2010
Jennifer NelsonAs 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.
More7th Circuit expands inquiry to implicit motion for new attorney
August 5, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
MoreCourt defines due process rights for drug court participants
July 30, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
More7th Circuit ends use of inextricable intertwinement doctrine
July 28, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
MoreDefendants entitled to competency hearing in probation revocations
July 22, 2010
Jennifer NelsonDefendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded
today, addressing the issue for the first time.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.