Articles

Man’s defense of necessity argument fails on appeal

The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.

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COA: Police escort into home does not violate 4th Amendment

In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.

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7th Circuit affirms drug convictions, sentence

The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.

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Defendant waived right to appeal sentence

Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.

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Justices: Officer had reasonable suspicion window tint violated law

The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.

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