Man deported after living in US since age 1 gets relief
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
Drugs
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Teen’s arrest did not violate 4th Amendment
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
Ex-firefighter sues over drug tied to compulsive gambling
A former Indianapolis firefighter has sued two drug companies, saying they failed to act on reports that a medication she was prescribed for restless leg syndrome causes compulsive behaviors such as gambling.
Reversal: IDACS error no basis to suppress meth evidence
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
Evidence seized from probationer’s roommate violated 4th Amendment
The Indiana Supreme Court on Tuesday reversed the partial denial of a man’s request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
COA upholds termination of mother’s parental rights
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother’s request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
Indiana Supreme Court to review police search struck down by COA
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
Where the clients ‘are no stoned-out hippies’
Small firms, like Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.
Probationer’s admission to smoking marijuana supports revocation
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
Drug conviction reversed because state didn’t prove substance was heroin
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man’s conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
COA: Trial court properly admitted drug evidence
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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.
Man’s conviction from controlled drug buy upheld
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
Possession of precursors ruled lesser-included offense of greater crime
A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.
Zoeller calls for congressional inquiry into herbal supplements
Indiana Attorney General Greg Zoeller and his New York counterpart A.G. Schneiderman are leading a bipartisan group of 14 attorneys general who want Congress to look into the herbal supplements industry.
7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
Court upholds convictions from controlled drug buys
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
Canine sniff not allowed, but convictions still upheld
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
Indiana joins New York herbal supplement inquiry
Attorneys general from Connecticut, Indiana and Puerto Rico have joined New York's attorney general in an investigation of the herbal supplement industry, saying they're building on the long track record of state attorneys general upholding the rights of consumers.
20-year sentence for $60 drug deal reduced as excessive
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.