Articles

Officer’s questions went beyond seat belt act

The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

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Justices differ on defining ‘youth program center’

Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.

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Court rejects stale trash evidence argument

The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.

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Judges disagree on chemical possession charge

A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.

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Justices decide statute, court rule issue

Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.

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High court defines ‘briefly’

In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.

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COA: Consent prevented constitutional violations

The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.

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Officer didn’t conduct investigatory stop

A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.

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COA reverses dismissal of drug charges

A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.

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Justices split in granting transfer

The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.

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Plea puts stop to federal death penalty trial

The first-ever federal death penalty trial for the Southern District of Indiana was set to start today, but a plea agreement means a trial likely won't be happening at all for a man connected to a violent killing spree four years ago.

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Adkins applies to drug possession defense

While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.

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Circuit Court vacates drug sentence

The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.

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District Court erred in drug sentence

The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.

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First impression for habitual offender statute

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.

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COA: State must prove violation of statute

The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.

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COA affirms ruling in ‘unusual’ termination case

In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.

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