Warrantless search based on smell does not violated 4th Amendment
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
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7th Circuit affirms dismissal of Indianapolis wrongful arrest suit
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
Commission approves retroactive reduction in drug trafficking sentences
The United States Sentencing Commission unanimously voted Friday to retroactively apply a reduction in the sentencing guideline levels applicable to most federal trafficking offenders. The change could impact the sentences of more than 46,000 prisoners.
Plea agreement bars defendant from appealing sentence
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
Admittance of hearsay evidence harmless error, rules 7th Circuit
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
Statute does not allow for deferral of dealing marijuana charge
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
Admission of video and recorded statements did not violate Sixth Amendment
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
COA affirms termination of parental rights for imprisoned mom
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
Judges uphold 40-year sentence in drug deal turned robbery
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
Justices affirm convictions after toddler found wandering by police
The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.
7th Circuit: Attorney provided effective assistance to man facing drug charges
The 7th Circuit Court of Appeals rejected a defendant’s argument that his trial attorney was ineffective because he failed to object to an interpreter arrangement during a witness’s testimony and chose not to have all of discovery translated into Spanish.
Justices affirm life without parole for murderer
The Indiana Supreme Court affirmed in all respects the life without parole sentence imposed on a man sentenced for murder.
Spanish-speaking man did not waive rights in plea, justices hold
A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.
Indiana to get $2.1M in drugmaker settlement
The Office of the Indiana Attorney General announced Wednesday that the state will receive nearly $2.1 million in a multi-state settlement with GlaxoSmithKline LLC concerning three of its drugs.
Plea bars man from credit for time served on electronic monitoring
Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.
COA: Search of passenger not unconstitutional
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Three-way opinion affirms marijuana conviction
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
Vehicle forfeiture order affirmed despite state’s yearlong delay
A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.
Appeals court vacates lesser drug conviction as double jeopardy
A Paoli man convicted of multiple drug offenses had a lesser conviction vacated Tuesday by the Indiana Court of Appeals. The court let stand other convictions for which he was sentenced to an aggregate 16 years in prison.