COA: Man’s sentence could be increased
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
Drugs
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Court upholds sentence-reduction denial
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
Transfer granted to ‘knock and talk’ case
The state's highest court has agreed to hear a case in which the Indiana Court of Appeals split on whether a police "knock and talk" investigation violated a man's constitutional rights.
Amendment doesn’t affect sentence
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
COA: Dog sniff requires reasonable suspicion
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
Court clarifies continuing objection procedure
If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
First impression in ‘non-suspension’ rule case
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
Judges dissent on search after ‘knock and talk’
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
Text messages must be separately authenticated
In a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before being admitted.
COA: Church not a ‘youth program center’
The Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. It's an issue of first impression for Indiana courts.
Appellate court to hear arguments at ISU
The Indiana Court of Appeals travels to Terre Haute Thursday to hear arguments in a cocaine conviction case.
Court split on ineffective trial counsel
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
COA uses opinion to clarify sentence claims
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
COA: Warrant didn’t need to be admitted
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
Man can’t collaterally attack sentence again
The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.
7th Circuit: traffic stop constitutional
A traffic stop in which police found drugs after telling the defendant he was free to go did not violate the defendant's Fourth Amendment rights, ruled the 7th Circuit Court of Appeals today.