Articles

Habeas petition granted, credit time restored for federal inmate

A federal prisoner has successfully argued for his lost credit time to be restored after the Indiana Northern District Court granted his habeas petition, finding the man was entitled to notice of the factual allegations of a new charge against him at least 24 hours before a hearing, but did not receive it.

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Rent-to-own lawsuits rise in federal, state courts

Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.

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Abusive boyfriend’s criminal confinement conviction affirmed

The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.

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COA reverses restitution for sentencing hearing lost wages

A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.

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Mother’s neglect conviction vacated under double jeopardy rule

The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.

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Tax court affirms jurisdiction, McCordsville land assessment

The Indiana Tax Court affirmed that it had subject matter jurisdiction over a trust’s claims of an invalid annexation and storm water charges on its farmland, but ultimately found that the Indiana Board of Tax Review did not err in upholding the assessment of the land.

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COA denies sentence modification to parolee

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

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7th Circuit upholds child porn prison sentence

A Bedford man sentenced to more than 11 years in prison after pleading guilty to possession of child porn has failed to convince the 7th Circuit Court of Appeals to order a resentencing, with the court finding that the terms of the man’s plea agreement were not breached.

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