Criminal case

Court rules on literacy program, educational credit time

June 9, 2010
Michael Hoskins
While 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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Justices differ on defining 'youth program center'

June 9, 2010
Jennifer Nelson
Two 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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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The 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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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The 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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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For 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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Court rejects stale trash evidence argument

May 26, 2010
Michael Hoskins
The 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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Supreme Court analyzes appellate review rule on sentences

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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Sexually violent predator petitions must be refiled

May 24, 2010
Jennifer Nelson
The 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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Judges rule on pre-existing condition case

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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COA discusses jury-selection procedures

April 21, 2010
Jennifer Nelson
Despite 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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Jury not properly instructed at man's trial

April 15, 2010
Jennifer Nelson
The 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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High court upholds life sentence

April 9, 2010
Jennifer Nelson
The 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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7th Circuit affirms cross burner's convictions

April 7, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man's convictions stemming from his burning of a cross in front of the home of a family with biracial children.
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COA lengthens defendant's sentence

March 30, 2010
Jennifer Nelson
The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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Justices: Search didn't violate 4th Amendment

March 24, 2010
Jennifer Nelson
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
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COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

Justices vacate life sentence

March 22, 2010
Jennifer NelsonMore

Appellate court upholds murder conviction

March 18, 2010
Jennifer Nelson
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
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7th Circuit: counsel assistance wasn't ineffective

March 17, 2010
Jennifer Nelson
A defendant didn't receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim's mother during the trial, the 7th Circuit Court of Appeals ruled.
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Judges disagree on chemical possession charge

March 12, 2010
Jennifer Nelson
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
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High court rules on prisoners issues

March 11, 2010
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
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Defendant must prove inability to pay

March 11, 2010
Jennifer Nelson
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
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COA split on impact of jury instruction omission

March 11, 2010
Jennifer Nelson
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
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Prior misconduct negates self-defense claim

March 8, 2010
Jennifer Nelson
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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