Articles

Justices affirm death penalty for man who killed 2 children

A Vanderburgh County man convicted of the murders of his girlfriend’s eight- and five-year-old children after setting fire to hishome in 2010 will remain on death row. The Indiana Supreme Court declined to reverse his convictions or revise his sentence.

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7th Circuit grants habeas relief for man on death row

An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.

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Attorney fee lien invalid if filed before judgment entered

An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.

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COA orders new trial for woman who shot and killed pastor

The Indiana Court of Appeals reversed a guilty but mentally ill verdict against an Indianapolis woman who killed the pastor at her church because she believed he was part of a cartel that was pitted against her. The judges held Lori Ann Barcroft’s due process rights were violated when the judge entered that verdict.

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Attorney general sues county auditor accused of theft

Indiana Attorney General Greg Zoeller is suing former Owen County Auditor Angie M. Lawson to recover more than $380,000 in embezzled taxpayer funds. Lawson also faces criminal charges stemming from the same theft of public funds.

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Enhancement affirmed after man exaggerated mental deficits to delay trial

Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.

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‘Court reporter week’ highlights employment opportunities

The National Court Reporters Association kicked off its “National Court Reporting & Captioning Week” Sunday, an event designed to increase public awareness of employment opportunities in the profession.  A recent study found that more than 5,000 positions in court reporting and captioning will become available in the next five years.

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COA affirms admission of re-recorded videos in rape trial

A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.

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Failure to file board record dooms claim for judicial review

A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.

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Denial of witness testimony was harmless error, COA rules

Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.

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COA clarifies decision in reversed CHINS case

The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.

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