Articles

Mental health witnesses, nonsupport bills move to governor’s desk

The Indiana Senate Wednesday concurred with changes made to legislation outlining who a court may appoint in determining whether a defendant is insane. On Tuesday, senators approved language in the expungement bill granting the Board of Law Examiners access to sealed expunged conviction records.

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COA: Buyer complied with notice statutes for obtaining tax deed

Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.

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Judges order woman resentenced for health care fraud

The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.

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ATF agent’s testimony supports gun conviction

The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.

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7th Circuit affirms denial of motion to suppress search of car

The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.

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Judges split over Fourth Amendment violation

Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.

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Bills heading to governor’s desk

As the legislative session heads toward its March 14 close, several bills have passed both houses and are on their way to Gov. Mike Pence for his signature.

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Judges decline to find OWI statute unconstitutional

The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.

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