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.

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Pursuit of happiness can’t blunt man’s marijuana conviction

A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.

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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.

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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.

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Reversal: Children placed in father’s care weren’t CHINS

Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.

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COA: ‘pleasant’ drug defendant was properly Mirandized

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

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