Articles

Car search after meth dealer’s arrest divides COA panel

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

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COA affirms termination of parent-child relationship

A drug-addicted mother couldn’t convince the Indiana Court of Appeals to reconsider the termination of her parent-child relationship with her young daughter after the panel concluded there was sufficient evidence to prove the removal was in the child’s best interests, even if some of it was admitted in error.

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ACLU report highlights Indiana’s prison problem

While acknowledging Indiana’s efforts to reform its criminal justice system has slowed the growth of the state’s prison population, a new report by the ACLU of Indiana asserts that additional reforms, including expanded access to treatment for mental health and substance abuse, could reduce the number of incarcerated by 50 percent and save Hoosier taxpayers more than $541 million by 2025.

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COA tosses convictions on new charges introduced at trial

A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.

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Former Munster doctor sentenced for overprescribing painkillers

A former northwestern Indiana doctor who pleaded guilty to overprescribing painkillers has been sentenced to 15 months’ imprisonment followed by three years of supervised release. Jay Joshi, formerly a general practice physician in Munster, also was ordered to pay a $7,500 fine after pleading guilty last year to dispensing hydrocodone outside the scope of professional practice and not for a legitimate medical purpose.

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7th Circuit upholds drug dealer’s career criminal ruling

The 7th Circuit Court of Appeals affirmed a determination that man convicted for drug-related offenses was a career offender under § 4B1.1 of the United States Sentencing Guidelines and that a corresponding enhancement was appropriately applied to his sentence, rejecting his interpretation of the statute.

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Despite snoozing juror, meth, theft convictions affirmed

Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.

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