Articles

Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

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‘Red flag law’ changes narrow language, information gaps

Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.

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Civil commitment laws shifting across states

While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.

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Woman’s murder conviction vacated for ineffective counsel

A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.

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ACLU report highlights Indiana’s prison problem

While acknowledging Indiana’s efforts to reform its criminal justice system has slowed the growth of the state’s prison population, a new report by the ACLU of Indiana asserts that additional reforms, including expanded access to treatment for mental health and substance abuse, could reduce the number of incarcerated by 50 percent and save Hoosier taxpayers more than $541 million by 2025.

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Supreme Court: Summarily approved commitment orders not valid

The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.

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Ruling striking law in homeless case mirrors Indianapolis debate

A California federal appeals court ruling that homeless individuals cannot be criminally charged for sleeping on public property reflected sentiments last fall that helped stop a proposed Indianapolis ordinance that barred people from sitting or lying on public property during certain hours.

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