Articles

Justices affirm consecutive LWOP sentences

The Indiana Supreme Court until Tuesday had never directly addressed the issue of whether two sentences of life imprisonment without parole can be imposed consecutively under Indiana law. Justices decided today that I.C. 35-50-1-2(c) permits it.

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Task force debates putting pre-conviction filings online

The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available. The task force is considering whether pre-conviction criminal case filings should go online.

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Molest conviction affirmed; habitual offender waiver remanded

The Indiana Court of Appeals found a counsel’s mistake did not constitute judicial admission in a man’s trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.

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Felon firearm possession charge affirmed on appeal

An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn’t supported by reasonable suspicion.

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COA upholds contempt charges in video conference

The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.

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Top NY court upholds conviction for illegal knife

New York’s highest court on Tuesday upheld a driver’s conviction for illegal possession for a gravity knife, rejecting arguments that he didn’t know the folding knife he used for work could open with a flick of the wrist.

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Justices toss driving convictions due to delays

The Indiana Supreme Court ruled a man who was convicted of four driving offenses should have his case dismissed because the prosecution did not bring him to trial in time while he was in prison for a separate conviction.

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Court divided over failure to identify conviction

Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.

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COA: Fees can be charged in case without indigency hearing

The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.

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