IndyBar Mourns Loss of Past President
The Indianapolis Bar Association is saddened to note the passing of 1990 IndyBar President Don Buttrey. Buttrey passed away on April 24, 2021.
Public defenders
Articles
Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
2 charged in dismemberment of Fort Wayne man appear in court
Two men charged in the death and dismemberment of a 55-year-old man requested public defenders during their initial court appearances Tuesday.
Lafayette man charged in attack on girl, 9, found in basement
A northwest Indiana man faces attempted murder and other charges for allegedly luring a 9-year-old girl into his house and beating and sexually assaulting her before officers found her locked in his basement.
Woman denied counsel gets new trial on marijuana charge
A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.
IndyBar: Be the CHANGE You Want to See
“Be the CHANGE you want to see” has resonated with Marion County Bar Association President Pamela Grant-Taylor for several months now. She shares how you too can be the CHANGE you want to see as well.
7th Circuit: State courts, not federal, should rule on counsel for kids in CHINS cases
The question of whether children in CHINS proceedings should be appointed counsel is best left for state court resolution, the 7th Circuit Court of Appeals has ruled, finding no “civil Gideon” principle requiring counsel in child welfare cases.
Teen sentenced to life without parole wins resentencing
A man convicted as a teen of murdering his 10-year-old brother will get a new sentencing hearing after the Indiana Court of Appeals found his representation “wholly deficient” at his first sentencing hearing that led to his sentence to life without parole.
Bill challenging ‘noncompliant’ prosecutors advances without prosecutors’ support
A bill that would allow the Indiana attorney general to step in if local elected prosecutors decline to file criminal charges narrowly passed a Senate committee Tuesday without the support of public defenders or Indiana prosecutors. A longtime advocate said when both sides in criminal matters oppose legislation, lawmakers should take notice.
Bill protecting Indiana public monuments advances out of Senate committee
After the protests this summer that led to the destruction or defacement of monuments nationwide, a bill designed to protect Indiana’s historical markers is advancing in the Indiana Legislature.
Supreme Court adopts COA ruling, remands to correct improper sentence
The Indiana Supreme Court on Tuesday summarily affirmed a Court of Appeals decision remanding an improper sentence imposed in a drug case but rejected a convict’s argument that he was wrongly denied his request for a speedy trial.
Legal misfire: Is it a crime for minors to possess guns?
A 1990s Indiana law that raised penalties for juveniles who possess guns has backfired, limiting the charging options for law enforcement when children have firearms.
Supreme Court launches pretrial diversion pilot program
A pretrial pilot program aimed at preserving judicial resources has been launched in four Indiana counties. The pilot will allow prosecutors to offer pretrial diversion to defendants charged with a variety of low-level offenses.
CHINS filings stabilize after surge in recent years
Filings for child in need of services and termination of parental rights cases have swung in opposite directions in the past few years, according to statistics released recently by the Indiana Supreme Court.
Marion County inmate dies after alleged assault by inmate
A 38-year-old inmate at the Marion County Jail has died after alleged assault by another inmate, authorities said Sunday.
ISBA section calls for nonviolent sentencing reforms
More than six years after sweeping criminal code reforms were enacted in Indiana, a section of the Indiana State Bar Association is calling for additional sentencing reforms to establish parity with those who received longer sentences before the reforms were enacted.
Web Exclusive: Young lawyers say hefty student loans limit life after graduation
A recent survey of nearly 1,100 young lawyers found that many new attorneys are making major financial, personal and career sacrifices as a result of their student loans. That includes decisions ranging from marriage and children to making big purchases or taking vacations. The survey hits home for many young Indiana lawyers.
Public defender report underscores need for additional resources
The Indiana Public Defender Commission last month released an analysis of caseloads in Indiana, showing disparities between actual and ideal workloads. That data has led public defense experts to one conclusion: there’s still work to be done to ensure indigent Hoosiers receive quality defense.
Report: Indiana public defender caseload standards likely too high
Caseload standards imposed by the Indiana Public Defender Commission are likely higher than the caseloads public defenders should carry, meaning current practices do not give public defenders sufficient time to provide effective representation.