Federal prisoner wins habeas relief for miscalculated sentence
A prisoner challenging the calculation of his federal sentence was granted habeas corpus relief Wednesday after a district court judge found his sentences were miscalculated.
Drugs
Articles
Felony reversed for man who possessed hash oil
The Indiana Court of Appeals reversed a man’s felony conviction for possession of a controlled substance after finding that his vaping cartridge containing hash oil did not violate state law under which he was charged.
COA affirms admitted drug test lab results in CHINS case
The admission of positive drug test results under the business-records exception was affirmed by the Indiana Court of Appeals in a Monday child in need of services case, despite a father’s argument that admission of the evidence was erroneous.
COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
Denial of motion to suppress affirmed in traffic stop case
The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.
COA: Probation revocation after guilty plea should be challenged with PCR, not direct appeal
The Indiana Court of Appeals has dismissed a man’s appeal of his probation revocation and related drug conviction, finding his claim could not be presented on direct appeal but must be presented in a petition for post-conviction relief because he pleaded guilty.
Muncie lawyer gets suspension, JLAP monitoring for having cocaine
A Delaware County lawyer found with drugs in his home will serve a four-month suspension, plus probationary monitoring under the Judges and Lawyers Assistance Program. The order culminates the sixth formal disciplinary action against the Muncie attorney.
Square peg, roundabout hole: COA affirms suppression motion in roundabout dispute
Does a motorist violate current Indiana traffic law by not signaling a turn when exiting a roundabout? The answer is no, the Indiana Court of Appeals ruled Friday in affirming a suppression ruling.
COA splits over length of woman’s consecutive sentences for drug dealing
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Justices grant transfer in 4 cases, deny 19 others
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Justices: Seized evidence must be suppressed in GPS tracker case
Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.
Timbs forfeiture case back in trial court for excessiveness ruling
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
7th Circuit rejects ineffective-assistance claim on direct appeal
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
Split COA: Drug evidence from traffic stop wrongly admitted
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
Hamilton County key to hemp supply chain
Hemp-processing companies are investing millions of dollars into refineries across Hamilton County to close a gap in the state’s CBD supply chain.
COA affirms $17K forfeiture from man in mobile shootout case
A panel of appellate judges has affirmed the forfeiture of roughly $17,000 in cash seized from a man after his involvement in a mobile shootout in Indianapolis. The panel concluded there was a nexus between the money and qualifying criminal activity.
Prosecutor fighting discipline over role in police sex investigation
The elected prosecutor of Knox County in southwestern Indiana faces an attorney discipline case related to his conduct stemming from a local police investigation into his former chief deputy prosecutor’s relationship with a woman who was serving time on drug charges. An attorney for the prosecutor, however, is contesting the discipline case and says the prosecutor is the victim of a vendetta born of the small-town rumor mill.
Woman who pleaded guilty in deadly Elkhart crash sent back to jail
A northern Indiana woman who pleaded guilty for her role in a hit-and-run crash that killed a man and two children has been returned to jail after violating probation.
Probation revocation affirmed following new federal offenses
The Indiana Court of Appeals has affirmed the revocation of man’s probation after he committed multiple new offenses.