Criminal case

Justices sharply split on insanity defense case

December 23, 2010
Michael Hoskins
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
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Justice's first ruling affirms murder convictions, life sentence

December 21, 2010
Michael Hoskins
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
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Justices take 3 cases

December 20, 2010
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
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Former Marion County prosecutor spokesman pleads guilty

December 20, 2010
Jennifer Nelson
A former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced to jail.
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Judges: DNA admittance was harmless error

December 17, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.
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PCR 2 not available for probation revocation orders

December 17, 2010
Jennifer Nelson
Post-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
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Justices divided on firearm 'use' sentencing

December 15, 2010
Michael Hoskins
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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COA divided on dismissal of OWI charges

December 9, 2010
Jennifer Nelson
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Judges: Officers lacked reasonable suspicion to stop and detain man

December 1, 2010
Jennifer Nelson
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
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Rule inapplicable as witness’s credibility not attacked

December 1, 2010
Jennifer Nelson
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
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Mendenhall gets 40 years for attack

November 19, 2010
Jennifer Nelson
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
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Judges uphold OWI conviction

November 19, 2010
Jennifer Nelson
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
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7th Circuit: Drug convictions stand

November 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
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Judges remand securities fraud case on statute-of-limitation issue

November 16, 2010
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
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Dismissal of delinquency petition doesn’t endanger public

November 16, 2010
Jennifer Nelson
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
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No error in refusal to tender 'missing witness' instruction

November 15, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s drug convictions, finding the District Court didn’t err by refusing to give the jury a requested “missing witness” instruction.
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COA: State could charge man for leaving scene of fatal accident

November 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
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Court divided on invasion of privacy charge

November 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
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Ticket can't constitute 'testimonial hearsay'

November 8, 2010
Jennifer Nelson
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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