Criminal case

Molest conviction affirmed; habitual offender waiver remanded

May 23, 2016
Scott Roberts
The Indiana Court of Appeals found a counsel's mistake did not constitute judicial admission in a man's trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
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Felon firearm possession charge affirmed on appeal

May 20, 2016
Dave Stafford
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn't supported by reasonable suspicion.
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COA upholds contempt charges in video conference

May 19, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's contempt of court charges after it found just because a man was on video didn't mean he couldn't commit contempt, and the evidence was enough to uphold the charges.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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Top NY court upholds conviction for illegal knife

May 3, 2016
 Associated Press
New York’s highest court on Tuesday upheld a driver’s conviction for illegal possession for a gravity knife, rejecting arguments that he didn’t know the folding knife he used for work could open with a flick of the wrist.
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Justices toss driving convictions due to delays

April 28, 2016
Scott Roberts
The Indiana Supreme Court ruled a man who was convicted of four driving offenses should have his case dismissed because the prosecution did not bring him to trial in time while he was in prison for a separate conviction.
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Court divided over failure to identify conviction

April 28, 2016
Jennifer Nelson
Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.
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Central Indiana school principal charged with not reporting

April 28, 2016
 Associated Press
A prosecutor has charged a central Indiana school principal with misdemeanor failure to report for waiting 17 days to report rumors an employee sent naked photos of herself to students.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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COA: Fees can be charged in case without indigency hearing

April 14, 2016
Scott Roberts
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
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High court sides with sex offender in dispute over registry

April 4, 2016
 Associated Press
The U.S. Supreme Court ruled unanimously Monday that a convicted sex offender did not have to update his status on the federal sex offender registry after moving to a foreign country.
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Supreme Court takes protection order case

March 21, 2016
Scott Roberts
The Indiana Supreme Court granted transfer to one case last week, denying seven other petitions.
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High court won’t reinstate conviction of Ohio cop in wife’s death

March 21, 2016
 Associated Press
The U.S. Supreme Court on Monday declined to consider reinstating the conviction of a former police official charged in connection with his wife’s 1995 death in Ohio.
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Indianapolis man gets life sentence in deadly house blast

March 18, 2016
 Associated Press
A judge has sentenced an Indianapolis man to life in prison without parole for his role in a 2012 house explosion that killed two people and destroyed or damaged more than 80 homes.
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Man accused of killing co-worker found guilty of murder

February 8, 2016
 Associated Press
A man accused of fatally stabbing a co-worker and dumping his body along a highway in Lafayette in 2014 has been found guilty of murder.
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Authorities: Man arrested in 1990 attempted rape dies

February 8, 2016
 Associated Press
Authorities say a man who was arrested last month in a 1990 attempted rape case in central Indiana has died after leading law enforcement on a chase.
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7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Court OKs bulk confidential juvenile data transfer to ICJI

February 5, 2016
Dave Stafford
Confidential data in criminal and juvenile delinquency cases around the state will be provided in bulk to the Indiana Criminal Justice Institute under an order issued Thursday by the Indiana Supreme Court.
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Investment broker's plea deal erases 20 felony counts

January 25, 2016
IBJ Staff
An Indianapolis man accused of multiple felony securities fraud counts has reached a plea agreement with the Marion County Prosecutor's Office.
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Justices: Officer could open container found after pat-down search

January 22, 2016
Jennifer Nelson
A police officer did not commit an unreasonable search when he opened a pill container found following a pat-down search after a man was lawfully placed under arrest for driving without a valid license. The Indiana Supreme Court upheld the search under the state constitution.
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COA agrees man’s Ohio convictions don’t support SVF charges

January 22, 2016
Jennifer Nelson
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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Justices find victim’s statements regarding altercation fall under hearsay exception

January 15, 2016
Jennifer Nelson
The admission of testimony regarding a murder victim’s recount of his previous altercation with the man convicted in his murder were properly allowed as hearsay statements under Indiana Evidence Rule 804(b)(3), the Indiana Supreme Court ruled Thursday.
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Expunged criminal records still may show up and might be required in some cases

January 13, 2016
Dave Stafford
If you’ve stayed out of trouble for the required number of years, Indiana’s expungement statute will erase your criminal record and give you a clean slate. (Individual results may vary.)
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  1. 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.

  2. 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

  3. 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

  4. 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

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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