June 25, 2010
Michael HoskinsA decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second
highest appellate court has ruled.
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June 25, 2010
Michael HoskinsThe Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
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June 24, 2010
Jennifer NelsonThe state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
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June 23, 2010
Jennifer NelsonA trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
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June 22, 2010
Michael HoskinsRuling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.
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June 22, 2010
Michael HoskinsAlthough state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
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June 22, 2010
Jennifer NelsonThe attorney accused of attacking another lawyer last year has been suspended from practice.
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June 17, 2010
Jennifer NelsonA gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
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June 16, 2010
Jennifer NelsonAttorney and Democratic candidate for Gibson County Prosecutor William R. Wallace III was indicted Tuesday on charges of obstruction
of justice, possession of child pornography, patronizing a prostitute, and false informing.
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June 15, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.
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June 14, 2010
Michael HoskinsThe nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did
not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at
trial.
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June 10, 2010
Michael HoskinsState trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results
aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says
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June 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
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June 9, 2010
Michael HoskinsWhile applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined
that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider
to fit into its definition of “literacy and life skills” programs.
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June 9, 2010
Jennifer NelsonTwo Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.
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June 9, 2010
Jennifer NelsonThe inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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June 1, 2010
Michael HoskinsThe nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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May 28, 2010
Rebecca BerfangerFor the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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May 26, 2010
Michael HoskinsThe Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.
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May 25, 2010
Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held
that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court
sentence.
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May 24, 2010
Jennifer NelsonThe status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men
to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
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May 21, 2010
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court
of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim
for long-term disability benefits.
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April 21, 2010
Jennifer NelsonDespite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana
Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
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April 15, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly
conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful
entry into his home.
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April 9, 2010
Jennifer NelsonThe Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities
to reform, but that he continued to commit crimes.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.