Indiana Department of Correction

Justices: court could impose only 1 juvenile commitment

November 17, 2011
Jenny Montgomery
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
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Lawmakers discuss sentencing

October 26, 2011
Jenny Montgomery
Proposed changes would reclassify drug crimes and emphasize county oversight.
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Judges uphold involuntary commitment

September 19, 2011
Jennifer Nelson
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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Circuit Court upholds ban on pen-pal solicitation by inmates

July 19, 2011
Jennifer Nelson
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
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DOC drops kosher meal appeal

May 16, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
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Credit-time statute amendment not retroactive

April 27, 2011
Jennifer Nelson
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
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7th Circuit: Staff should have told inmate to stop taking aspirin

January 26, 2011
Jennifer Nelson
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
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County restores original service

January 19, 2011
Rebecca Berfanger
After the Indiana Department of Corrections switched in the summer of 2010 from one victims’ notification service to another as a cost-saving measure, one northern Indiana county has restored its program with the previous service provider.
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Governor names new head of DOC

January 14, 2011
IL Staff
Bruce Lemmon will be the new commissioner of the Indiana Department of Correction. Gov. Mitch Daniels’ office announced the appointment Thursday.
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State changes victim alerts

July 21, 2010
Rebecca Berfanger
The Indiana Department of Correction recently changed how it will notify those who register to find out where someone is in the system, whether it’s a transfer from one jail to another, a change in status, or a legal hearing.
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Court rules on sex offender status decisions

May 17, 2010
Michael Hoskins
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.
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DOC to use DNA to fight contraband

May 12, 2010
IL Staff
The Indiana Department of Correction will use technology to analyze DNA samples from prison contraband, thanks to a pilot project believed to be the first of its kind in the U.S.
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Judge certifies sex offender's class-action suit

March 4, 2010
Jennifer Nelson
A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
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2 Ind. juvenile facilities rank high in DOJ report

January 8, 2010
IL Staff
Two Indiana juvenile facilities are cited in a new U.S. Department of Justice report for having high rates of sexual victimization among the young offenders.
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COA rules on re-registration of offenders

December 17, 2009
Jennifer Nelson
Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
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Court: Suit doesn't belong in federal court

July 28, 2009
Jennifer Nelson
In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
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Mentally ill prisoners suit dismissal denied

July 23, 2009
Jennifer Nelson
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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COA declines ruling on constitutionality of plan

July 22, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
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Inmate loses 3 appeals

June 17, 2009
Jennifer Nelson
Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.
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Attorney sentenced to 2 years in prison

June 3, 2009
Jennifer Nelson
An attorney who pleaded guilty to operating a vehicle while intoxicated causing death as a Class C felony has been sentenced to two years in the Indiana Department of Correction.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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Attorney's kidnapper nets 60-year sentence

February 3, 2009
Jennifer Nelson
The man who abducted his attorney in July 2008 has been sentenced to 60 years in the Indiana Department of Correction.
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Prisoner litigant's case deemed frivolous

December 24, 2008
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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Agency sues DOC over mentally ill prisoners

October 2, 2008
Michael Hoskins
A state agency created in response to a federal mandate is suing the Indiana Department of Correction for what it claims is poor treatment of mentally ill prisoners.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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