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The following opinion was issued on June 3 after The Indiana Lawyer’s deadline. 

7th Circuit Court of Appeals
USA v. Maurice Whitesides
No. 24-2999

Appeal from the United States District Court for the Southern District of Indiana, Judge James R. Sweeney II. The court affirms the district court’s application of a two-level drug-premises enhancement during sentencing, finding the evidence supported that drug distribution was among the primary uses of Whitesides’ residence. The court further held that minor factual inaccuracies cited by Whitesides were harmless and did not impact his sentencing. Judge Kirsch authored the opinion.

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Court of Appeals of Indiana
Nicholas S. Wemes v. State of Indiana
No. 25A-CR-2491

Appeal from the Delaware Circuit Court, Judge Thomas A. Cannon. Nicholas S. Wemes was charged with Level 4 felony causing death when operating a vehicle with a controlled substance in his blood and Level 5 felony reckless homicide after toxicology tests indicated the presence of THC, the component in marijuana that produces the effect of a “high.” Wemes filed motions to suppress evidence, arguing that Indiana laws conflict with federal law, and that proof of impairment and marijuana source was necessary for his charges; these motions were denied. The court affirmed the trial court’s rulings, clarifying that Indiana law does not require proof of impairment for driving with THC in the blood and does not differentiate between substances based on legality. Judge Scheele authored the opinion. Judges Bailey and Vaidik concur. Appellant’s attorney: J. Bart McMahon, Louisville, Kentucky. Appellee’s attorney: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Court of Appeals of Indiana
Christian Q. White v. State of Indiana
No. 25A-CR-959

Appeal from the Clark Circuit Court, Judge Nicholas A. Karaffa. Christian Q. White appeals his convictions for murder and unlawful possession of a firearm by a serious violent felon, asserting that retrial after a mistrial violated double jeopardy protections, and that the trial court abused its discretion in sentencing by not identifying mitigating factors. The court affirmed the denial of the motion to dismiss, stating White impliedly consented to the mistrial by failing to object and had no grounds for a double jeopardy claim. The court also found no abuse of discretion in sentencing, determining that the sentence was appropriate considering the nature of the offense and White’s criminal history. Judge Altice authored the opinion, with Judge Brown concurring and Judge DeBoer dissenting with a separate opinion. DeBoer finds that the decision to try White twice after his first jury trial ended in a mistrial did violate the double jeopardy clause of the Fifth Amendment. She wrote that she would reverse convictions for murder and unlawful possession of a firearm by a serious violent felon. Appellant’s attorney: Christopher Sturgeon, Jeffersonville, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.