A long-discussed civil forfeiture reform bill has cleared its first hurdle in the Indiana statehouse. The Senate Judiciary Committee on Wednesday passed Senate Bill 99, which tightens due process procedures when prosecutors seek to confiscate property allegedly connected with crimes.
A task force that is studying the provision of indigent criminal defense services in Indiana will soon travel the state to gather public input on how those services can be improved. The Task Force on Public Defense announced Wednesday it is launching a statewide listening tour to seek public comment on the inefficiencies in Indiana’s public defense services.
When a court accepts a fixed-sentence plea agreement, prosecutors and defenders alike say the long-standing practice has been for courts to uphold the exact terms of that sentence, absent an agreement between the parties. A recent Indiana Court of Appeals ruling, however, has seemingly put an end to that practice, leading to both a legislative and judicial review of the sentencing issue.
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
On the heels of criticism from a national organization and multiple lawsuits challenging Indiana’s public defender system, Indiana lawmakers and legal stakeholders are beginning to review the state’s public defense mechanisms to identify strategies for improvement.
As a statewide task force begins the process of analyzing deficiencies in Indiana’s indigent defense services, a group of Johnson County criminal defendants sought to keep alive a lawsuit against their court-appointed public defenders. The defendants Thursday urged the Indiana Court of Appeals to reinstate their suit alleging ineffective assistance of counsel before their cases have concluded.
Did the suspect ask for a lawyer dog? Or did he call a detective “dog,” while seeking a lawyer? A Louisiana Supreme Court justice appears to side with the canine lawyer interpretation.
Former 7th Circuit Court of Appeals Judge John Tinder is stepping into a new role as chair of an effort designed to assess the current state of Indiana’s public defender system.
As the number of children in need of services cases continues to rise, public defenders across Indiana are stretching themselves to be able to offer competent representation while also serving as many clients as possible. Defenders are likewise feeling a strain on their misdemeanor caseloads.
Public defenders from across the state came to the Indiana Statehouse Thursday to share their concerns about what they see as crisis in the state’s judiciary – the increasing difficulty their offices face to comply with caseload suggestions as more and more filings hit their desks.
A former judge and public defender who was convicted of felony official misconduct after he was accused of sexual contact with jailed clients has resigned rather than face an attorney discipline hearing related to the charges.
A northern Indiana public defender accused of repeatedly harassing his ex-girlfriend has been suspended from the practice of law in Indiana for at least one year.
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
Advocates for reforming Indiana’s patchwork approach to public defense for indigent Hoosiers announced they have petitioned the Indiana Supreme Court for a statewide system to remedy what they describe as an unfair, unequal and underfunded system.<
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
The Indiana Public Defender Council touts the proposed rule as helping to prevent wrongful convictions.
The report found Indiana is failing to equally provide constitutionally mandated effective counsel to indigent people accused of felony, misdemeanor and juvenile offenses.
Indiana is failing to equally provide constitutionally guaranteed effective counsel to indigent people accused of misdemeanor, felony and juvenile offenses, according to a report released Monday. In some counties, poor people facing criminal charges are encouraged to negotiate directly with prosecutors before being appointed counsel.