domestic violence

Continuous crime doctrine requires reversal of 2 domestic battery convictions

July 8, 2016
Jennifer Nelson
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
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Court upholds reach of US gun ban for domestic violence

June 27, 2016
 Associated Press
The U.S. Supreme Court is upholding the broad reach of a federal law that bans people convicted of domestic violence from owning guns.
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Court upholds law aimed at domestic violence on tribal land

June 13, 2016
 Associated Press
The U.S. Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic violence on Indian lands.
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Judges cite past domestic violence convictions in affirming sentence

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld an Ohio man’s 180-day jail sentence for misdemeanor battery against his ex-wife, noting he showed no remorse regarding two previous domestic violence-related convictions.
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Justices affirm domestic violence determination

April 12, 2016
Scott Roberts
The Indiana Supreme Court sided with the trial court and overturned a Court of Appeals ruling Tuesday, finding a man’s domestic violence determination did not violate his Sixth Amendment right to trial by jury, and the evidence was sufficient to affirm his conviction.
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Justice Thomas poses questions, stuns Supreme Court crowd

February 29, 2016
 Associated Press
Justice Clarence Thomas broke 10 years of silence and provoked audible gasps at the Supreme Court on Monday when he posed questions from the bench during an oral argument.
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Supreme Court affirms battery charges

February 19, 2016
Scott Roberts
The Indiana Supreme Court affirmed battery charges against a man who said the evidence against him was “testimonial hearsay” and violated his federal and state confrontation rights.
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ICJI opens grant process to aid domestic violence victims

February 8, 2016
IL Staff
Agencies and organizations that serve victims of domestic violence may apply for grants from the Indiana Criminal Justice Institute through March 4.
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Justices take case challenging domestic battery conviction

September 1, 2015
Dave Stafford
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
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Court of Appeals affirms man’s domestic battery conviction

August 18, 2015
Dave Stafford
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
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Protecting jobs from protective orders

July 29, 2015
Marilyn Odendahl
A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.
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Justices strip adoption, reinstate statute COA struck down

June 12, 2015
Dave Stafford
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren's best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
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Admission of recording is harmless error

May 15, 2015
Marilyn Odendahl
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
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State failed to prove inmate knew he made false statements

March 19, 2015
Jennifer Nelson
Because the state could not establish that a Marion County Jail inmate knew statements he made to a witness over the phone in another inmate’s case were false, the state didn’t prove Johnny Gomillia committed attempted obstruction of justice.
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Protective order against ex-husband reversed for lack of evidence

January 23, 2015
Dave Stafford
A trial court had insufficient evidence to extend a protective order a woman sought against her ex-husband, the Indiana Court of Appeals ruled in reversing the order.
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Pence troubled by report Guard mishandled domestic case

January 14, 2015
 Associated Press
Gov. Mike Pence is troubled by allegations that the Indiana National Guard mishandled a domestic violence case and will review a Pentagon report on the matter, his spokeswoman said.
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Protective order filings rise during past 9 years

January 14, 2015
Marilyn Odendahl
Attorneys say the 25 percent increase reflects more understanding and less victim blaming.
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COA reverses domestic violence determination due to Blakely violation

January 8, 2015
Jennifer Nelson
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
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Domestic violence shelters get $1.2M more, but extra funds held back

October 16, 2014
Dave Stafford
Four dozen shelters around the state will receive an additional $1.2 million to provide immediate assistance and short-term support for victims of domestic violence, a roughly 43 percent increase compared with state funding allocated last year.
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State holds $1.2 million in domestic violence funds

September 19, 2014
 Associated Press
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
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Indiana partnership aids domestic violence victims

July 29, 2014
 Associated Press
An Indiana county attorney's office and a community advocacy group have partnered in an effort to help victims of domestic violence.
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St. Joseph Family Justice Center marks 10th year with national event

July 15, 2014
IL Staff
The Family Justice Center of St. Joseph County, a one-stop help center for victims of domestic violence and their children, is marking the 10th anniversary of its founding with public events and training sessions as it hosts the National Family Justice Center Initiative Wednesday through Friday.
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COA affirms post-conviction relief for ineffective counsel

December 27, 2013
Dave Stafford
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
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COA finds man knew of protective order and violated it

December 12, 2013
Jennifer Nelson
There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.
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Man’s defense of necessity argument fails on appeal

October 29, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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