‘Spice’ law void for vagueness, divided panels rule
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
Drugs
Articles
Strong smell of marijuana makes strip search justified
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
COA reverses sentence based on a ‘suspect enhancement’
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
7th Circuit upholds use of GPS unit on car in 2011
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
Appeals court affirms cocaine-dealing conviction
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
First impression: Suspect’s recorded talk in police car admissible
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
Judges reverse 2 convictions based on double jeopardy violations
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
COA upholds most of man’s spice convictions
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
Indiana senator plans medical marijuana proposal
A state senator says she plans to push for the legalization of medicinal marijuana in Indiana.
Court properly allowed evidence identifying precursors used to make meth
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
Justices split over reducing meth sentence
Justices Brent Dickson and Mark Massa disagreed with their colleagues Wednesday that a Tippecanoe County man’s 40-year sentence for Class A felony dealing in methamphetamine needed to be revised.
COA reverses marijuana conviction based on illegal traffic stop
A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
COA reverses syringe possession conviction due to lack of evidence
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
Appeals panel offers direction to abusive pro se litigant
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
Man gets 11 years for $1M copper wire theft
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
Judges reverse drug charges based on constitutional violation
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”
Attorney faces meth charges in 2 counties
The Indiana Supreme Court Disciplinary Commission seeks an emergency suspension of a Corydon lawyer’s license to practice.
In affirming conviction, justices clarify required meth evidence
Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.
Judges uphold denial of motion to suppress on rehearing
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
Judge: Heroin use is driving explosion in CHINS filings
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.