Articles

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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AG announces largest-ever health care fraud settlement

Indiana will receive its largest-ever health care fraud settlement as part of a $2.2 billion agreement with Johnson & Johnson for illegal off-label marketing and kickbacks to promote Risperdal, Invega and other drugs, according to a statement from Indiana Attorney General Greg Zoeller.

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COA reverses drug conviction due to lack of intent

The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.

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