Articles

Hill moves to intervene in case restricting local ICE detentions

Indiana Attorney General Curtis Hill has filed a motion to intervene in a federal immigration case after a district court judge entered a consent decree barring the Marion County Sheriff’s Office from detaining illegal immigrants for U.S. Immigration and Customs Enforcement without a warrant or probable cause. The decree implicates the state’s ability to enforce its own statutes, Hill argued, thus creating the need for the state to intervene and file an appeal.

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Citing civil forfeiture ruling, trial court returns seized property

Nearly four months after a district court judge struck down portions of Indiana’s civil forfeiture statute as unconstitutional, the effects of that decision are now being felt in Indiana’s trial courts, where a judge has ordered the return of seized property pursuant to the district court’s ruling.

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COA: Paroled man convicted in Florida not entitled to habeas relief

An Indiana man released on parole and later arrested in Florida was not entitled to a writ of habeas corpus or credit time in Indiana because Indiana authorities never discharged his parole and “turned him over” to their Florida counterparts, the Indiana Court of Appeals ruled Tuesday.

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AG Hill: CBD oil is still illegal in Indiana

In the wake of legislation legalizing the use of the marijuana-derived oil cannabidiol to treat certain cases of epilepsy, Indiana Attorney General Curtis Hill is cautioning Hoosiers that without proper authorization, consumption of the substance remains illegal.

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Justices considering definition of ‘place of detention’

There is a central question underlying a drug conviction case now under consideration by the Indiana Supreme Court: what is a “place of detention” under Indiana Evidence Rule 617? Once they answer that question, the justices will be able to decide whether a Grant County man’s heroin convictions must be thrown out.

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COA upholds dismissal of petition to open estate

An Indiana trial court properly applied district court precedent to determine that a claim for violation of a deceased man’s constitutional rights cannot be considered an asset in the deceased’s estates, the Indiana Court of Appeals ruled Tuesday.

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COA: Landlord must close on sale of rental property

A Hendricks County landlord must close on the sale of her property to a tenant after the Indiana Court of Appeals ruled Tuesday there was no breach of a lease agreement preventing the enforcement of an Option to Purchase Real Estate Agreement.

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COA: hearsay testimony causes harmless error

Although a trial court was wrong in permitting two police officers to recount to a jury what the defendant’s ex-girlfriend told them, the Indiana Court of Appeals ruled the admission was a harmless error.

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Appeals court orders fee reimbursement for indigent defendant

A Marion County man found to be indigent is entitled to a reimbursement for the $740 in fees imposed on him by the probation department after the Indiana Court of Appeals found the Marion Superior Court abused its discretion by letting the probation department impose fees when it had not authorized such fees.

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