Majority justices remand drug sentence to determine treatment eligibility
A woman who has yet to receive court-ordered substance abuse treatment may soon receive it after the Indiana Supreme Court granted transfer to her case.
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Barr as attorney general: old job, very different Washington
When William Barr was attorney general in the early 1990s, his rhetoric reflected his deep-seated personal beliefs and was typical talk at a time when family values and tough-on-crime stances defined the party. Now, as President Donald Trump’s nominee for attorney general, Barr is poised to return to the same job in a dramatically different Washington.
Gary woman settles lawsuit over jailing due to mistaken identity
A northwest Indiana woman who alleged she was wrongfully jailed for nearly two months in a case of mistaken identity has reached a $6,000 settlement in the case. Court records show Gloria J. Blue of Gary also will get attorneys’ fees as part of this month’s settlement.
Majority justices reduce drug sentence, order removal from DOC
Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges
A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.
COA reverses one of multiple firearm convictions on double jeopardy grounds
An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.
Committee seeks comment on court-administered alcohol, drug program amendments
The Indiana Judicial Conference Board of Directors and Court Alcohol and Drug Program Advisory Committee are seeking public comment on proposed amendments to rules for court-administered alcohol and drug programs. Amendments have been proposed for sections 19, 22, 27, 30 and 31 to the rules, and the creation of a new section concerning chemical testing has also been proposed.
Erroneous admission of evidence of prior bad act was harmless, COA says
The Indiana Court of Appeals affirmed the admission of evidence in a Wabash County case after finding that despite a trial court’s erroneous admission of evidence of a prior bad act, such an error was harmless.
Cellphone search warrant didn’t violate Fourth Amendment
The 7th Circuit Court of Appeals affirmed that a warrant authorizing police to search a man’s phone after a drug-deal gone wrong was not in violation of the Fourth Amendment, finding the warrant to be as specific as circumstances allowed.
COA remands, finding man didn’t knowingly possess cocaine
A man convicted on a variety of counts of drug possession will be resentenced after the Indiana Court of Appeals agreed with the state that there was insufficient evidence to convict him of possessing cocaine.
Heroin dealer loses 7th Circuit life sentence appeal after 8th Circuit ruling
A man sentenced to life in prison after selling heroin that led to his customer’s death has lost his appeal of his sentence before the 7th Circuit Court of Appeals, which held that it could not provide relief to the man because of a prior 8th Circuit Court of Appeals ruling.
Murder conviction after drug deal gone wrong stands
The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.
Pat down search at overdose scene not improper, COA says
The Indiana Court of Appeals affirmed a man’s conviction and sentence for dealing in a narcotic drug after it concluded his Fourth Amendments rights were not violated, nor was his sentence inappropriate.
Drug convictions tossed over suspicionless search
Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.
Murder charges filed in Thanksgiving attack that killed 3
Prosecutors have filed three murder counts and other charges against a man in connection with a drug-related robbery that left three men dead and two others wounded at a Fort Wayne home.
SCOTUS to hear Indiana civil forfeiture case Wednesday
An Indiana case that could decide whether the Eighth Amendment protection against excessive fines applies to the states will be heard at the United States Supreme Court on Wednesday.
Citing opioids’ devastation, state sues Purdue Pharma
Following a two-year investigation during which time multiple Indiana cities and counties and at least 27 states filed lawsuits, Indiana Attorney General Curtis Hill announced Nov. 14 his office is leading the state of Indiana into a legal battle over prescription opioids.
COA heading to South Bend to hear drug, handgun case
The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Appeals court orders return of $60K in seized cash
The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.