Articles

Supreme Court defines marriage relatives

The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.

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Opinions April 27, 2016

Indiana Supreme Court
Ronald Sanford Jr. v. State of Indiana
49S05-1604-PC-210
Post conviction. Reverses trial court and Court of Appeals decisions and finds Ronald Sanford can file a belated notice of appeal of his sentence after he pleaded guilty to two counts of murder, among other charges, because of “unique circumstances.”

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Justices: Murderer should be able to file belated notice of appeal

The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.

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Woman entitled to inherit estate, judges affirm

The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.

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Appellate court defines rules of police stops

The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.

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Interim commercial court rules released

The Indiana Supreme Court has issued an order outlining the interim rules applicable to the courts participating in the three-year Commercial Court Pilot Project, which begins this summer.

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St. Joe Circuit judge named as new federal magistrate

St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.

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COA: Trainer who had license suspended denied due process

A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.

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7th Circuit affirms COA sentence in split decision

The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.

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Justices reinstate termination order COA reversed

The Indiana Supreme Court Tuesday affirmed a trial court order terminating parental rights to twin girls who were removed from the home in 2011 at age 8. A divided Court of Appeals previously reversed the trial court, finding insufficient evidence to merit termination.

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COA: Video testimony from protected person allowed at trial

The Indiana Court of Appeals affirmed a man’s Level 5 felony battery conviction despite admission of a videotaped interview from a protected person into evidence and allowing three people to testify about their interactions with that protected person.

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Opinions April 26, 2016

Indiana Supreme Court
William Bowman v. State of Indiana
 21S04-1510-CR-604
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug within 1,000 feet of a school property and being a habitual substance offender. The evidence was sufficient to sustain William Bowman’s conviction despite a second baggie of evidence not being tested to prove it was heroin after a first bag of heroin was tested.

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