Articles

COA tosses convictions on new charges introduced at trial

A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.

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Indianapolis woman faces charges after 2-month-old’s death

Indianapolis police say a 36-year-old woman faces preliminary neglect charges after her 2-month-old daughter died. Police said Wednesday that officers performing a welfare check found Rachel McAfee and her baby, Emma McAfee, in a vehicle Tuesday afternoon, and the baby was pronounced dead at the scene.

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Suit: Kids in CHINS cases need attorneys

A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.

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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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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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Parents surrender on charges in 4-month-old’s heroin death

The parents of a 4-month-old boy who are facing neglect charges after the child died last February of heroin intoxication in Madison County have turned themselves in to authorities. The Madison County Prosecutor’s Office this month charged 28-year-old Daniel E. Jones and 29-year-old Tiffany McNutt of Alexandria with felony neglect of a dependent.

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Mother’s neglect conviction vacated under double jeopardy rule

The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.

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4th defendant in malnourished Vigo Co. boy’s death reaches plea deal

A man charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy has reached a plea agreement in the case. Hubert Kraemer is scheduled to appear Dec. 8 in Vigo Superior Court to plead guilty to charges including neglect of a dependent resulting in serious bodily injury.

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Daleville woman charged in son’s hot car death won’t get lower bond

A central Indiana woman who authorities say had been drinking and was taking a nap when her 2-year-old son crawled into a hot car and later died isn’t getting her bond reduced ahead of trial. A judge denied a request by Britni Nicole Wihebrink of Daleville to approve a lower bond after her 2-year-old son Jaxon Stults was found “very hot and stiff” in her car Sept. 5 and died in an ambulance.

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Parents charged with neglect after baby’s meth-related death

Two southern Indiana parents are charged with neglect after authorities determined the July death of their 3-month-old son was due to methamphetamine ingestion. Indiana State Police say 32-year-old Deven G. Frisque and 28-year-old Tara L. Savage were arrested this week in the death of Eben Frisque.

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