On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
Drugs
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Judges refuse to create another intoxication defense
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
7th Circuit rules on drug sentences
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
Judges order pharmacy board to respond to subpoena
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
Judges uphold man’s convictions, enhanced sentence
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Evidence properly admitted under independent source doctrine
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
COA affirms denial of motion to suppress
The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
Confidential informant testimony did not hinder defense
A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.
COA finds no error in juvenile adjudication
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
Photos admissible when evidence has been destroyed
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
COA addresses impact of guilty pleas on immigration status
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
Appellate judges travel to Indianapolis high school
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
COA orders trial court to award credit for time served
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
Federal court addresses resentencing issue
A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
Lawmakers discuss sentencing
Proposed changes would reclassify drug crimes and emphasize county oversight.
COA: surety agency’s lack of timely action justifies fines
The Indiana Court of Appeals has affirmed a trial court’s determination that a surety agency failed to comply with Indiana Code and is therefore liable for a deceased man’s bond.
Man’s detainment by officer violated 4th Amendment
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
Meth use linked to increase in CHINS
Leslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable, but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example, new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible reasons for these variations.
Victim’s statements to nurse allowed, but judges reverse convictions
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.