The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
A man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal, but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.
The 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to a man’s jury convictions on drug charges.
The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.