Drugs

Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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Judges affirm drug dealer’s convictions but vacate portion of sentence

March 13, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims that his convictions stemming from his involvement in a drug dealing operation should be overturned, but the judges did vacate the conditions of his supervised release Friday.
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COA: Trial court lacked authority to rescind plea agreement

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Howard Superior judge to sentence a man to the terms of the plea agreement that he had entered into on drug charges before the judge revoked the agreement and ordered him to continue to trial.
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Canine sniff not allowed, but convictions still upheld

March 11, 2015
Jennifer Nelson
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
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Indiana joins New York herbal supplement inquiry

March 11, 2015
 Associated Press
Attorneys general from Connecticut, Indiana and Puerto Rico have joined New York's attorney general in an investigation of the herbal supplement industry, saying they're building on the long track record of state attorneys general upholding the rights of consumers.
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20-year sentence for $60 drug deal reduced as excessive

March 6, 2015
Dave Stafford
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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Zoeller asks justices to uphold ‘Spice’ law COA struck down

March 2, 2015
Dave Stafford
Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.
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Justices reverse grant of motion to suppress based on pat-down search

March 2, 2015
Jennifer Nelson
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
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Search of home of man in community corrections based on reasonable suspicion

February 27, 2015
Jennifer Nelson
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.
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COA rules lack of probable cause for warrant makes evidence inadmissible

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
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Judges rule counsel was not deficient, drug conviction stands

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
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Prosecutor: 50-plus warrants issued in Evansville meth ring

February 6, 2015
 Associated Press
Vanderburgh County Prosecutor Nicholas Hermann said federal arrest warrants have been issued for more than 50 people allegedly involved in a meth-trafficking ring that funneled the drug into the area from four other states.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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Juvenile’s delinquent adjudication reversed based on illegal search

January 28, 2015
Jennifer Nelson
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
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‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
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Strong smell of marijuana makes strip search justified

January 16, 2015
Marilyn Odendahl
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
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COA reverses sentence based on a ‘suspect enhancement’

January 15, 2015
Jennifer Nelson
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
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7th Circuit upholds use of GPS unit on car in 2011

January 14, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
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Appeals court affirms cocaine-dealing conviction

January 9, 2015
Dave Stafford
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
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First impression: Suspect’s recorded talk in police car admissible

January 6, 2015
Dave Stafford
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
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Judges reverse 2 convictions based on double jeopardy violations

December 19, 2014
Jennifer Nelson
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
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COA upholds most of man’s spice convictions

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
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Indiana senator plans medical marijuana proposal

December 17, 2014
 Associated Press
A state senator says she plans to push for the legalization of medicinal marijuana in Indiana.
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Court properly allowed evidence identifying precursors used to make meth

December 11, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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