Articles

Court reaffirms 3-step test for in camera review

The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.

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COA: Hearsay evidence properly admitted

The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.

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Supreme Court takes 4 cases

The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.

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Justices take 3 cases

The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.

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Judges rule man’s right to speedy trial was violated

The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.

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7th Circuit reverses lower court on stun-belt issue

The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.

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7th Circuit affirms sentences for bank robbing couple

The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.

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COA upholds denial of motion to suppress

The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.

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7th Circuit: Officer allowed to resume frisk

As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when
police have many reasons why they may legitimately stop the car.

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Felony can’t be modified to misdemeanor 9 years later

In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.

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