The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.
A man sentenced to 30 years in federal prison for his role as a Gary gang member who sold large quantities of crack cocaine will have a new shot at a sentence modification, as will the judge who wrote that the defendant may have been linked to several gang-related murders.
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
The United States Sentencing Commission unanimously voted Friday to retroactively apply a reduction in the sentencing guideline levels applicable to most federal trafficking offenders. The change could impact the sentences of more than 46,000 prisoners.
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.