Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Drugs
Articles
COA reverses drug conviction due to lack of intent
The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.
Man’s defense of necessity argument fails on appeal
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
On rehearing, panel rejects double-jeopardy meth conviction claim
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
Man convicted before felony classes implemented can’t convert conviction to misdemeanor
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
Book chronicles Indy attorney’s role in Armstrong doping case
The role of an Indianapolis attorney in investigating and exposing doping by disgraced cycling champion Lance Armstrong is chronicled by two Wall Street Journal reporters in a book released Tuesday.
Having the ingredients is not proof of a man’s intention to cook
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
Justices: Meth arrest of man at rental storage unit violated Fourth Amendment
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
Instructions not to letter of the law, but no harm done
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
Exclusion of money talk not a reversible error
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
Men sentenced for aiding inmate-run meth ring
Two men found guilty of participating in a drug-trafficking ring directed by Indiana prison inmates were sentenced in federal court on Tuesday.
Zoeller announces launch of prescription-abuse website
Calling attention to the rising number of overdose deaths in Indiana, Attorney General Greg Zoeller announced a new website meant to help inform people about the risks and warnings signs of prescription drug abuse.
Divided appellate court reinstates charges stemming from illegal stop
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
Habeas writ reverses resentencing from divided COA
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
7th Circuit affirms residential search based on ‘nonverbal cues’
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
COA: Lingering odor of burnt marijuana does not justify warrantless search
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
7th Circuit addresses ‘khat’ convictions for first time
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
COA: Police escort into home does not violate 4th Amendment
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
Search of man, car that led to drug arrest constitutional, COA rules
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
7th Circuit affirms drug convictions, sentence
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.