Reversal tosses Kokomo officer’s stalking protective order
A Kokomo police officer lost her protective order against a man she alleged was stalking her after the Indiana Court of Appeals found there was insufficient evidence to support the claims.
Stalking
Articles
COA: Expungement petitioners can’t cross-examine victims
Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.
Supreme Court to travel, invites amici in smartphone privacy case
The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.
Domestic violence coalition grows network of lawyers to help survivors
The Indiana Coalition Against Domestic Violence’s Satellite Attorney Program offers free civil legal services to low-income victims of domestic violence, sexual assault and stalking. The program has a network of just over 100 attorneys across Indiana and, since January 2016, has provided legal advice or counsel, including direct representation, in roughly 350 cases.
Smartphone privacy ruling tests how technology affects rights
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Smartphone privacy first impression case splits COA
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
Sheriff’s deputy suspended for unauthorized inmate video
A northwestern Indiana sheriff’s deputy cleared four months ago of a rape charge has been suspended for posting an unauthorized social-media video.
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Indiana Supreme Court rejects kidnapping sentence appeal
The Indiana Supreme Court is declining to take up an appeal by a Cambridge City man who wants his 76-year kidnapping sentence thrown out or reduced.
IMPD officer was qualified as an expert in stalking case
An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.
Jury awards Erin Andrews $55M in lawsuit over nude video
A jury awarded Erin Andrews $55 million in her lawsuit against a stalker who bought a hotel room next to her and secretly recorded a nude video, finding that the hotel companies and the stalker shared in the blame.
Court finds double jeopardy in stalking case
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
COA upholds attempted stalking conviction
A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.
Trial court erred in ordering harassing neighbor’s firearms seized
A trial court erred in ordering firearms seized and in placing other restrictions on a man the court properly determined had committed stalking against his neighbor, the Indiana Court of Appeals ruled Friday.
Man charged with stalking Indiana legislator
A man running as an independent for an Indiana House seat faces charges that he stalked the district's current representative.
Judges dismiss man’s appeal of protection order extension
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
Grant gives victims and police easy access to protective orders
Indiana is the third state in the nation to launch the Hope Card program which will help law enforcement quickly identify and take action against individuals who violate protective orders.
High court upholds stalking conviction
It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.
Justices accept 5 cases
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.
Judges split on stalking conviction
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.