Articles

Split 7th Circuit: Victim hypnosis evidence wrongly withheld

An Indiana man who was “confidently” identified as the perpetrator of an Elkhart shooting after the victim was hypnotized will be allowed to go free after a majority of the 7th Circuit granted his habeas petition. The appeals court found the state court erred in not overturning the man’s conviction because the state withheld evidence of the hypnosis during trial.

Read More

Abuse of corpse conviction affirmed in woman’s death

The Indiana Court of Appeals affirmed a man’s abuse of a corpse conviction, finding his confession was admissible without independent evidence because there was independent evidence to support his other confession in the same case.

Read More

Justices grapple with refiling of similar CHINS case

As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.

Read More

Man’s 33-year sentence, admission of heroin evidence upheld

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

Read More

Justices hear murder, jurisdiction arguments

Indiana Supreme Court Justices heard oral argument in two cases Thursday, beginning with a man who argued there was insufficient evidence to sustain his triple-murder conviction and that certain evidence was improperly admitted.

Read More

COA finds reasonable suspicion despite errant plate check

The Indiana Court of Appeals reversed a motion to suppress evidence when it found that despite a motorist proving a vehicle was properly licensed, the police officer who pulled the driver over during a traffic stop still had a reasonable suspicion to do so.

Read More

Ex-DOC nurse faces sanctions for allegedly false affidavits

A former Department of Correction nurse who treated an inmate now suing DOC for excessive force was on the stand in federal court Tuesday, facing possible sanctions after she allegedly submitted false statements claiming to be unaware of the inmate’s accusations.

Read More

Prosecutors concede 3 Buncich convictions should be vacated

Federal prosecutors concede there wasn’t enough evidence to convict former Lake County Sheriff John Buncich on three of the five wire fraud counts he was found guilty of and he should be resentenced. Prosecutors say they failed to introduce sufficient evidence of “Federal reserve payroll fund” transfers alleged in three counts of the indictment against Buncich and “the Court should vacate Buncich’s convictions on those counts.”

Read More

Abusive boyfriend’s criminal confinement conviction affirmed

The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.

Read More