ILNews

High court grants 3 transfers

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction relief, and the appointment of counsel for a mother involved in a termination proceeding.  

In James A. Carr v. State of Indiana, No. 25S04-1004-CR-219, James Carr appealed his murder conviction, which the Indiana Court of Appeals upheld. The appellate court held that Carr’s proceedings didn’t violate the speedy-trial provisions of Indiana Criminal Rule 4; Carr’s confession to law enforcement was not procured in violation of his Miranda rights; the trial court did not err by prohibiting cross-examination into Carr’s level of intoxication during his custodial interrogation; and the court did not err by refusing to instruct the jury on various lesser-included offenses.

In State of Indiana v. Craig Cooper,  No. 49S02-1004-PC-220, the appellate court affirmed the grant of Cooper’s request for post-conviction relief. He showed the requisite prejudice because he wouldn’t have pleaded guilty to the charged offense of operating a vehicle while an habitual traffic violator had he known there was no basis for that charge. He was prejudiced by the inadequate factual basis that was presented at the guilty plea hearing. Judge Margret Robb dissented because she didn’t believe Cooper demonstrated he was prejudiced by the error.

In Termination of parent-child relationship of I.B.; M.L. v. IDCS, No. 03S05-1004-JV-218, the Court of Appeals affirmed the denial of the motion to appoint counsel to appeal the termination of mother M.L.’s parental relationship with I.B. Mother failed to carry her burden as an indigent person to show the trial court she met the statutory requirements for the appointment of counsel. She didn’t even request the appellate counsel representation; her trial counsel did.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT