Articles

Judges affirm man’s drug conviction

A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.

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COA orders trial on drug charges

On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.

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Judges uphold drug possession conviction, reverse habitual offender enhancement

A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.

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Judge supports denying rehearing, but disagrees with colleagues’ rationale

The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.

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COA upholds cocaine convictions, sentence

The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.

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COA splits over reversing possession conviction

A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.

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Police had reasonable suspicion to stop men, search bag

The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.

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