Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Drugs
Articles
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
DTCI: Protection of drug and alcohol treatment records
Lawyers representing plaintiffs and defendants in civil tort actions will eventually be challenged with protecting their client’s alcohol and drug treatment records from disclosure.
Defendants’ drug sentences ineligible for reduction
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.
Court dismisses appeal because order isn’t final
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.
COA rules on first impression possession of marijuana issue
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.
Court upholds sentence following threat to school
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.
Appeals court upholds seizure, transfer of suspected drug money
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.
Judges uphold revocation of probation
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.
Judges uphold drug convictions and sentence
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.
Judges reverse marijuana conviction
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.
Man can’t prove ineffective assistance from attorney
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.
Judges affirm denial of motion to withdraw plea
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.
Insurer failed to prove driver violated policy clause
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.
7th Circuit upholds sentence for drug offenses
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.
Judges order possession charge dismissed
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.
Evidence doesn’t support enhanced possession charges
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.
Majority reverses conviction based on meth manufacturing
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.
COA upholds drug conviction
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.
COA rules police officer’s questions not unconstitutional
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.