No evidence that missed deadline was result of ineffective attorney
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
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Appeals court upholds allowing represented defendant to argue pro se
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
Tax Court affirms assessments of Shelbyville CVS store
The assessment of a Shelbyville CVS store is lower than the county wanted, higher than the drugstore chain wanted, but just right, the Indiana Tax Court concluded.
Stopped traffic snarls purse snatcher’s getaway scheme
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
Court cites 1827 case to affirm mortgage trumps land contract
A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.
Dismissed foreclosure involving merged lender reinstated
A mortgage foreclosure dismissed by a Lake Superior judge was reinstated Thursday by a panel of the Indiana Court of Appeals.
7th Circuit: Recording of drug deal doesn’t taint conviction
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
Molester’s imprisonment alone insufficient to bar contact with son
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
Man extradited from Wyoming on many charges not denied speedy trial
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
Justices to take up partial consecutive sentence case
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
Fake ID using own name not aggravated ID theft, 7th Circuit rules
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
7th Circuit reinstates mechanics’ claims of faulty trailer-support design
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
Gary Mayor reminds MCBA of history, pushes action
Gary mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
Denial of recorded Vanderburgh ‘river camps’ lots affirmed
“River camps” along the Ohio River that date back to the 1930s may not be divided as lots of record based on the testimony of longtime residents, the Indiana Court of Appeals ruled Tuesday, affirming a judgment of the Vanderburgh Circuit Court.
Wabash College sophomore will design art project honoring Shepard
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.
Too few pro bono attorneys in Indiana rural communities
In response to the low numbers, the Indiana Bar Foundation is launching a legal assistance website to help low-income Hoosiers.
Indianapolis Red Mass Oct. 9
The St. Thomas More Society of Indianapolis will hold its Red Mass at St. John Catholic Church Oct. 9 in downtown Indianapolis. The Mass is ecumenical in nature and celebrated by judges and lawyers of all faiths.
Court upholds judgment in favor of Cedar Lake
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
Zionsville wins in appeal of zoning dispute with airport authority
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.