drugs

Some justices dubious of synthetic drug law arguments

July 15, 2015
Dave Stafford
At least two of Indiana’s five Supreme Court justices were openly skeptical of arguments that the state’s scheme for criminalizing synthetic drugs such as Spice and bath salts is unconstitutional, as the Court of Appeals ruled.
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Weighing the ‘Right to Try’ law

July 15, 2015
Dave Stafford
A new law promising terminally ill patients access to trial drugs is no cure-all.
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Lawyer suspended for distributing pseudoephedrine

July 10, 2015
Dave Stafford
A South Bend attorney who pleaded guilty to federal charges that she supplied a key ingredient to members of a meth ring has been suspended from the practice of law for three years.
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Searches without suspicion are not unconstitutional, COA affirms

July 10, 2015
Marilyn Odendahl
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
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Lilly, partner sue Lupin over generic testosterone

July 8, 2015
 Bloomberg News
Indianapolis-based Eli Lilly and Co. and Acrux DDS Pty Ltd. have filed a lawsuit against Lupin Pharmaceuticals Inc. for alleged infringement of patents that cover the testosterone treatment Axiron.
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Ex-cop snared in drug, conspiracy sting loses appeal

July 8, 2015
Dave Stafford
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
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COA affirms habitual offender enhancement

July 7, 2015
Dave Stafford
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
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Justices uphold use of drug implicated in botched executions

June 29, 2015
 Associated Press
The Supreme Court of the United States has upheld the use of a controversial drug that has been implicated in several troubled executions.
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Man deported after living in US since age 1 gets relief

June 26, 2015
Dave Stafford
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Ex-firefighter sues over drug tied to compulsive gambling

June 22, 2015
 Associated Press
A former Indianapolis firefighter has sued two drug companies, saying they failed to act on reports that a medication she was prescribed for restless leg syndrome causes compulsive behaviors such as gambling.
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Reversal: IDACS error no basis to suppress meth evidence

June 12, 2015
Dave Stafford
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
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Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the partial denial of a man's request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
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COA upholds termination of mother’s parental rights

June 4, 2015
Jennifer Nelson
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother's request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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Where the clients ‘are no stoned-out hippies’

May 28, 2015
 Bloomberg News
Small firms, like  Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.
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Probationer’s admission to smoking marijuana supports revocation

May 27, 2015
Jennifer Nelson
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
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Drug conviction reversed because state didn’t prove substance was heroin

May 26, 2015
Jennifer Nelson
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man's conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
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COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Justices to determine if ‘Spice law’ void for vagueness

May 19, 2015
Dave Stafford
The Indiana Supreme Court will determine whether Indiana’s “Spice law” banning synthetic drugs as new formulations appear is void for vagueness, as separate divided panels of the Court of Appeals ruled in January.
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Man’s conviction from controlled drug buy upheld

April 30, 2015
Jennifer Nelson
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
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Possession of precursors ruled lesser-included offense of greater crime

April 21, 2015
Marilyn Odendahl
A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.
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7th Circuit: No plain error in not applying 'safety valve' in sentencing

April 15, 2015
Jennifer Nelson
Whether firearms belonging to co-conspirators in a drug ring attributed to a defendant for purposes of the firearm sentence enhancement can be considered for a two-level reduction in her offense level under the so-called “safety valve” for nonviolent, first-time drug offenders is a matter of first impression for the 7th Circuit Court of Appeals. But the judges declined to address the issue because the woman failed to raise it at sentencing.
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Judge asks public to help care for kids affected by heroin

April 15, 2015
 Associated Press
A juvenile court judge is asking Marion County residents to help support local children whose parents are addicted to heroin.
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Court affirms amount of heroin attributable to defendant

April 8, 2015
Jennifer Nelson
A man convicted of conspiracy to distribute heroin could not convince the 7th Circuit Court of Appeals that the trial court incorrectly found him to be responsible for buying and selling at least 1,040 grams of heroin over a six-year period.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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