Justices to determine if ‘Spice law’ void for vagueness

The Indiana Supreme Court will determine whether Indiana’s “Spice law” banning synthetic drugs as new formulations appear is void for vagueness, as separate divided panels of the Court of Appeals ruled in January.

Justices took the appeals of two cases in which the COA majority struck down the law that permitted compounds to be declared synthetic drugs and criminalized by Board of Pharmacy rulemaking. The majorities held in both cases that an ordinary person would not be able to understand what appellate Judge Melissa May wrote was “Indiana’s synthetic drug statutory maze.”

Those cases granted transfer are Christopher Tiplick v. State of Indiana, 49S04-1505-CR-287, and Aadil Ashfaque v. State of Indiana, 49S02-1505-CR-288.

Justices also agreed to hear David Anderson, Comm., Joe Wray, Comm., and Board of Trustees, Brown Co. Fire. Prot. Dist. v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann, 07S01-1505-PL-284. Brown County Commissioners are appealing a trial court ruling that they had no authority to amend an ordinance creating a countywide fire protection district. The amendment essentially dissolved the district, and the Indiana Court of Appeals affirmed the trial court ruling that commissioners had overreached.

The transfer list for the week ending May 15 also includes these cases granted transfer and decided:

• In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc., 49S02-1505-JC-260. Justices reversed a CHINS adjudication affirmed in a not-for-publication Court of Appeals ruling. Justices ruled that Marion Superior Judge Marilyn Moores’ remarks and conduct breached impartiality and amounted to coercion of a 17-year-old girl’s father to admit she was a child in need of services.  
• YTC Dream Homes, Inc., et al. v. DirectBuy, Inc., et al., 45S03-1505-PL-264. Justices ruled a Lake County court erred in denying pro hac vice admission to the bar for five out-of-state attorneys. The case was remanded to the trial court with instructions to determine whether good cause existed to admit the attorneys.
• Marquise Lee v. State of Indiana, 49S02-1505-CR-276, and Billy Young v. State of Indiana, 49S02-1505-CR-275. Justices reversed convictions and 15-year sentences for attempted aggravated battery for Marquise Lee’s and Billy Young’s involvement in a planned assault that turned fatal when another person shot victim Ramon Gude. The defendants lacked fair notice of the charges in a bench trial after initial charges of murder and conspiracy were dismissed.
• Serenity Springs, Inc. and Laura Ostergren v. The LaPorte County Convention and Visitors Bureau, by and through its Board of Managers, 46S04-1505-MI-263. Justices dismissed a lawsuit over registration of a Web address registered by Serenity Springs Resort shortly after the bureau announced the new Web address in a public forum. The parties settled.

Indiana Supreme Court transfer dispositions may be viewed here.