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Justices to determine if ‘Spice law’ void for vagueness

May 19, 2015

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.

Justices took the appeals of two cases in which the COA majority struck down the law that permitted compounds to be declared synthetic drugs and criminalized by Board of Pharmacy rulemaking. The majorities held in both cases that an ordinary person would not be able to understand what appellate Judge Melissa May wrote was “Indiana’s synthetic drug statutory maze.”

Those cases granted transfer are Christopher Tiplick v. State of Indiana, 49S04-1505-CR-287, and Aadil Ashfaque v. State of Indiana, 49S02-1505-CR-288.

Justices also agreed to hear David Anderson, Comm., Joe Wray, Comm., and Board of Trustees, Brown Co. Fire. Prot. Dist. v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann, 07S01-1505-PL-284. Brown County Commissioners are appealing a trial court ruling that they had no authority to amend an ordinance creating a countywide fire protection district. The amendment essentially dissolved the district, and the Indiana Court of Appeals affirmed the trial court ruling that commissioners had overreached.

The transfer list for the week ending May 15 also includes these cases granted transfer and decided:


Indiana Supreme Court transfer dispositions may be viewed here.
 

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