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.
Drugs
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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.
Ex-deputy prosecutor who retaliated against detective suspended
A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.
COA reverses termination of mother’s parental rights
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
7th Circuit remands one drug sentence enhancement, lets another stand
One of two men convicted as conspirators in an Indiana meth ring will be resentenced as a result of his appeal while the other man convicted in the scheme will serve his full 25-year sentence, the 7th Circuit Court of Appeals held Wednesday.
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Rush highlights problem-solving courts, pretrial reform in 2020 State of the Judiciary
The importance of community collaboration in the criminal justice system was the key message of Indiana Chief Justice Loretta Rush’s 2020 State of the Judiciary address.
Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
Man angered by sentence smashes 19th-century courthouse door
A man who yelled obscenities at a judge in Columbus who sentenced him on drug-dealing charges smashed an “irreplaceable” 19th-century glass doorway as he was being led from court, authorities said.
Ex-Chicago cop wins resentencing appeal
An ex-Chicago cop serving time for drug-related convictions linked to his connection with the Latin Kings street gang will have an opportunity to have his request for a reduced sentence considered, the 7th Circuit Court of Appeals ruled Tuesday.
Jeffersonville man incompetent again for trial in gruesome killing
A southern Indiana man accused of killing his ex-girlfriend and eating parts of her body has once again been found incompetent to stand trial in the 2014 slaying, months after his first trial ended in a mistrial. An agreement between Joseph Oberhansley’s defense attorneys and Clark County prosecutors stipulates that he is to be transported to a state hospital for competency restoration, based on two evaluations filed in December by psychiatrists.
2 charged in man’s fatal beating in Indiana forest face joint trial
Two men accused of beating a man to death with a pipe in a northern Indiana forest are facing a joint trial in April.