Articles

Pro se inmate wins appeal of sentence modification

An inmate’s pro se legal briefs arguing for a modification of his 70-year drug sentence impressed the Indiana Court of Appeals, who granted him another chance to make his case that he deserves leniency as a model prisoner who made the best of his time behind bars.

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Murderer deprived court record gets new shot at relief

A man convicted of killing a female co-worker whose skeletal remains were found in a Johnson County marsh was denied an opportunity to use the court record to plead his counsel was ineffective as he sought post-conviction relief, the Indiana Court of Appeals ruled Friday.

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COA affirms probation revocation

A man failed to persuade the Indiana Court of Appeals that revocation of his probation on a drug charge was barred by the doctrine of res judicata because his placement in community corrections had already been revoked.

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Opinions Aug. 5, 2016

Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana
03A01-1511-PC-1927
Post conviction. Reverses denial of a petition for post-conviction relief. Hubbell was deprived a certified copy of the court record from which to question his former counsel on his claim of ineffective assistance of counsel in his murder conviction. Remands to the post-conviction court with orders to obtain the direct appeal record and permit Hubbell to question witnesses and present arguments with the benefit of a certified Record of Proceedings.

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Report: USA Gymnastics kept possible abuse by coaches under wraps

An investigation into Indianapolis-based USA Gymnastics published Thursday determined the organization collected complaints of improper conduct by over 50 coaches between 1996 and 2006 and regularly declined to forward them on to the authorities unless expressly asked to do so, opening the door for further abuse in some cases.

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Judge thinks cop convicted of murder deserves new trial

A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.

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Split COA tosses robbery convictions pegged to cellphone data

A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.

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Opinions Aug. 4, 2016

7th Circuit Court of Appeals
Glenn Patrick Bradford v. Richard Brown, superintendent
15-3706
Appeal from U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Denies Glenn Bradford’s request for a new trial on 1992 murder and arson charges. Bradford had his chance and failed to present reliable evidence that would establish his innocence of the arson and murder. Judge Hamilton dissents with separate opinion, believing the court should order a new trial to test all the relevant evidence.

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