Court erred in denying court-appointed counsel
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
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COA: Destroyed tape doesn’t make record silent
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
Judges disagree as how to review sentence
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
Hearing didn’t consider all statutory factors
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
Court issues judgment in absentee ballot case
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
High court addresses Protected Person Statute
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
BMV policy change case gets transfer
The Indiana Supreme Court has agreed to hear the case challenging the state's Bureau of Motor Vehicle's invalidation of licenses or identification cards only on the basis of mismatched records. The high court granted transfer Oct. 29 to Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49S02-0910-CV-505. Lyn Leone and others received letters from the […]
Judges disagree on statute’s constitutionality
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
High court seeks comment on rule changes
The Indiana Supreme Court is seeking comment on potential changes to the Indiana Professional Conduct Rules, Rules of Appellate Procedure, and Trial Rules. The court’s Committee on Rules of Practice and Procedure is considering recommending to the high court changes to Professional Conduct Rules 7.2, 7.3, 7.4, and 7.5, which deal with lawyer advertising, recommendations or solicitations of professional employment, and communication of specialty practice; Rules of Appellate Procedure 14, 18, 39, 41, 46, 49, and 50, which include interlocutory…
Rehearing denied in Camm case
A split Indiana Supreme Court has decided not to reconsider its decision to order a third trial for a former state trooper accused of killing his wife and two children nearly 10 years ago.
Foreclosure defense training April 3 in Indy
The Indiana Supreme Court's third mortgage foreclosure training opportunity for attorneys, judges, and housing counselors will be April 3 at Indiana University School of Law – Indianapolis.
Indiana order doesn’t modify Florida order
The Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign judgment.
Jefferson courts relocate, salvage documents
The Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the court is still trying to set up and is using folding tables and chairs until they can…
COA rules on re-registration of offenders
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
High court rules on landlord-tenant dispute
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
Apartment creates issue of first impression
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
Artist chosen in federal courthouse competition
An Indianapolis artist has been chosen to create murals for the federal courthouse in the United States District Court for the Southern District of Indiana.
County, court don’t have to give back pay
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
Appellate court to visit northern Indiana
A panel of Indiana Court of Appeals judges heads to Michigan City Monday to hear arguments about whether a trial court erred in finding an usher wasn't an employee of Metro Security Forces Inc.
COA travels to Lafayette for arguments
The Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their mother following the death of a sibling.