An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony
and find him a habitual substance offender because of explicit legislative direction on the enhancements.
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then
the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court
ruled Friday.
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from
modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy
for injuries covered by workers’ compensation doesn’t apply.
The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns
come up during trial.
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.
Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.
The Indiana Supreme Court has dodged a question about whether state lawmakers should be able to cram multiple unrelated issues into a single piece of legislation, leaving in place what some call the practice of “legislative logrolling” that hasn’t been specifically shot down in almost four decades.
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance
division after writing a memo that criticized his boss.
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit
Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence
misdemeanor should be able to have a gun for hunting purposes.
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized
practice of law.
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade
ago, but in doing so he’s rejected the Indiana Attorney General’s most novel and far-reaching legal arguments in a landmark
civil racketeering case centered on public corruption in East Chicago.
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which
involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required
at the time of their conviction.
Reaching into a person's mind to revive repressed memories is an issue that's settled law in one sense,
but what remains unsettled is how such memories are used during litigation and whether a lawsuit should be tossed or allowed
to proceed to trial.