Articles

COA: Officer peeking in window acted as Girl Scout would

A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.

Read More

7th Circuit finds leadership enhancement harmless error

An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.

Read More

COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

Read More

17-year-old charged with murder in 2 Porter County deaths

A 17-year-old Indiana youth faces murder charges for allegedly killing two other teens in what police say an informant told them was a drug deal gone bad. Porter County prosecutors say Connor R. Kerner of Valparaiso is charged as an adult in the deaths of 18-year-old Thomas Grill and 19-year-old Molley Lanham.

Read More
timbs-030619-450bp.jpg

SCOTUS decision in Timbs civil forfeiture case just a start

The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?

Read More

Split COA affirms suppression after faulty controlled drug buy

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

Read More

Convicted drug lord ‘El Chapo’ likely heading to ‘Supermax’

In the world of corrections, there are inmates who pose security risks, and then there’s drug lord Joaquin “El Chapo” Guzman, convicted Tuesday of running an industrial-scale smuggling operation, and who has an unparalleled record of jailbreaks. Experts say Guzman may spend the rest of his life in the federal government’s “Supermax” prison in Florence, Colorado.

Read More

Officers recognize, arrest woman who barked at police dog

An Indiana woman who barked at a police dog attracted the attention of officers, who then arrested her on outstanding warrants. Lafayette police say officers were conducting a traffic stop Monday when 20-year-old Kiana Champagne Fletcher, who was standing in front of her home, began barking at a police dog sniffing the stopped car.

Read More

Pursuit of happiness can’t blunt man’s marijuana conviction

A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.

Read More

Man’s 33-year sentence, admission of heroin evidence upheld

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

Read More

Reversal: Children placed in father’s care weren’t CHINS

Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.

Read More

COA: ‘pleasant’ drug defendant was properly Mirandized

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

Read More