Articles

Evidence supports CHINS finding, COA affirms

Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.

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Court affirms 86-year-old uncle could consent to search

The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.

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7th Circuit vacates child porn supervised-release condition

The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.

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Judges reverse possession of meth, paraphernalia convictions

In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.

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Lifeline Law expansion clears Senate committee

Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.

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7th Circuit orders judge to reconsider sentence

The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.

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COA: Deputy not justified in entering backyard

A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.

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Justices: Search of vehicle violated woman’s constitutional rights

The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.

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COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate

A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.

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