Criminal case

COA affirms attempted murder conviction, denial of insanity defense

May 29, 2015
Dave Stafford
A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.
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Indiana man faces more charges in Facebook threat case

May 21, 2015
 Associated Press
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
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Questions over Greensburg police evidence could affect cases

February 16, 2015
 Associated Press
A southeastern Indiana prosecutor says discrepancies uncovered during a State Police investigation of the Greensburg Police Department's evidence room could endanger 16 criminal cases.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Gov. Pence hasn't issued single pardon in 2 years

December 22, 2014
 Associated Press
Gov. Mike Pence, who has said he wants Indiana to be a leader in giving criminals who've served their time a second chance, hasn't granted a single pardon during his first two years in office.
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Inside the Criminal Case: Grand juries in Indiana shrouded by law

December 17, 2014
James Bell, K. Michael Gaerte
The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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SCOTUS hears case of fisherman caught in Sarbanes-Oxley net

November 19, 2014
Marilyn Odendahl
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
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Judge urges high court to look at counsel assistance during state psychiatric exam

November 13, 2014
Jennifer Nelson
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
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Judges uphold convictions for death of child at unlicensed home daycare

October 9, 2014
Jennifer Nelson
The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.
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No dismissal of charges against county treasurer

September 22, 2014
 Associated Press
A judge has rejected a central Indiana county treasurer's request for the dismissal of criminal charges that he mishandled public money.
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Teen has 1 adjudication overturned, must still pay restitution

August 29, 2014
Jennifer Nelson
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
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Venue change granted for Indy house blast suspect

July 31, 2014
 Associated Press
A judge granted a change of venue Wednesday for the trial of one defendant in a deadly Indianapolis house explosion after prosecutors dropped their objection.
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Dissent: ‘No evidence’ tying convicted man to crime scene

July 11, 2014
Dave Stafford
While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.
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Curry: 12-hour arrestee probable cause rule unrealistic

July 8, 2014
Dave Stafford
Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”
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Inside the Criminal Case: Passive vs. forcible resistance

July 2, 2014
James Bell, K. Michael Gaerte
The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.
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Odyssey to shut down as Marion County transitions to system

June 13, 2014
Dave Stafford
The state-supported Odyssey case management system and its public online portal mycase.in.gov will go offline Friday evening as Marion County transfers its criminal cases into the system.
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Marion County criminal courts near Odyssey conversion

May 16, 2014
Dave Stafford
Marion Superior criminal court workers are training and IT staff and clerks are working overtime preparing for what will be the largest adoption of the Odyssey case management system to date.
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Indy lawyer suspended for 2 years

May 14, 2014
IL Staff
The Indiana Supreme Court has suspended Indianapolis attorney and developer Paul J. Page from the practice of law for at least two years, although one justice thought he should be disbarred. The suspension stems from his guilty plea to one count of wire fraud in 2013.
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Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

May 7, 2014
James Bell, K. Michael Gaerte
The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.
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Former GIPC chief faces forgery, theft counts

May 2, 2014
Jeff Newman, IBJ Staff
The former executive director of the Greater Indianapolis Progress Committee was charged Thursday with 26 counts of forgery and one count of theft for allegedly misappropriating more than $96,000 of the organization’s money.
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Justices clarify jury taint, mistrial standards

April 30, 2014
Jennifer Nelson
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
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Justices strike down partial consecutive sentences

April 1, 2014
Dave Stafford
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
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Convictions stand related to ‘upskirt’ photographs of teens

March 18, 2014
Jennifer Nelson
The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.
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Justices uphold order criminal defendant answer civil complaint

March 13, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
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