Mental aspect of capital cases can be challenging
When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.
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State death penalty cases averaged 17 years
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
COA affirms remanded sentence
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
Judge rules against former deputy in Taser suit
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
Justices take felony murder, child support cases
The Indiana Supreme Court has granted transfer to two cases – a convicted murder’s appeal and a case involving child support nonpayment.
COA affirms perjury, misconduct convictions against children’s caseworker
The Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the perjury trial of an Indiana Department of Child Services caseworker.
Justices address judicial-temperance presumption
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
Judges order modification of dissolution decree
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
Appellate court orders reinstatement of jury verdict
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
Landlord sent itemized letter on time
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
7th Circuit addresses sex offender registration law
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
Judges split on District Court’s use of Colorado River abstention doctrine
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
COA rules on unjust enrichment issue for first time
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
First impression issue on ‘in loco parentis’ doctrine
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
Judges split on stalking conviction
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
7th Circuit rejects ineffective trial assistance claim
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
COA splits on need for evidentiary hearing in revocation
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
Credit-time statute amendment not retroactive
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
Judge: Governor doesn’t have to testify in IBM case
Marion Superior Judge David Dreyer has ruled that Indiana Gov. Mitch Daniels doesn’t have to testify about his involvement in the cancelled multi-million dollar IBM contract to modernize the state’s welfare system.
COA affirms transfer penalty for nursing home resident
The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.