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Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor.
A man previously denied earned credit time against his sentence received good news Friday when an appellate court reversed, finding he was wrongly denied his request. The court held pre-trial home detainees entitled to accrued time credit.
A man who murdered two people in a victim’s home after telling police he wanted to help “clean up the drug problem” in a southern Indiana county got no relief from his convictions or 121-year prison sentence on appeal Friday.
The Indiana Supreme Court made its case to the Legislature again this week for an additional $1 million in the state’s next biennial budget to support Hoosier civil legal aid.
Electronic filing is now available in Putnam and Miami circuit and superior courts, leaving just four more counties to implement to e-filing.
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month by welcoming Marcia M. Anderson, the first African-American woman to achieve the rank of Major General in the U.S. Army and an attorney who spent more than 25 years as the clerk of the U.S. Bankruptcy Court for the Western District of Wisconsin.
In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.
An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.
Indiana Court of Appeals
Melba Polk-King v. Discover Bank
18A-SC-1772
Small claims. Reverses the reinstatement of Discover Bank’s small claims action against Melba Polk-King, which was dismissed for failure to prosecute. Finds the small claims court abused its discretion by granting Discover’s motion and reinstating the action against Polk-King three years after the complaint had been filed and two years after the matter had been sent to arbitration. Remands for the court to vacate its confirmation of a subsequent arbitration award and dismiss the case with prejudice.
Police in Marion say a suspected burglar was apparently crushed to death when a more than 900-pound antique safe fell over onto him.
Former U.S. Sen. Joe Donnelly of Indiana is joining a leading Washington D.C. lobbying firm. Akin Gump announced Wednesday that the Democrat would be a partner in its public law and policy group starting next month.
The 737 inmates on the nation’s largest death row got a reprieve from California Gov. Gavin Newsom on Wednesday when he signed an executive order placing a moratorium on executions.
The United States House of Representatives voted unanimously Thursday for a resolution calling for any final report in special counsel Robert Mueller’s Russia investigation to be made public, a symbolic action designed to pressure Attorney General William Barr into releasing as much information as possible when the probe is concluded.
A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.
Indiana University Robert H. McKinney School of Law students pursuing a juris doctorate degree online can now receive twice as many credits than they could before.
Former U.S. Sen. Birch Bayh, a legend in Indiana politics who authored two amendments to the U.S. Constitution, has died at age 91. Bayh died Thursday morning of pneumonia, according to a statement from his family.
A northern Indiana police officer won’t face charges for shooting a motorist at the end of a chase. Elkhart County Prosecutor Vicki Becker said a grand jury convened Wednesday to evaluate the Jan. 9 shooting of Joshua Perry in Goshen declined to return an indictment.
An anti-abortion group’s advertisement depicting a growing fetus is being allowed on public buses in a northwestern Indiana city following the settlement of a free speech lawsuit. Court documents filed Monday show Lafayette’s public bus service, CityBus, agreed to run Tippecanoe County Right to Life’s ad on a bus for up to 16 months.
Indiana Court of Appeals
Michael R. Jent v. State of Indiana
18A-PC-785
Post conviction. Affirms the Allen Superior Court’s order denying Michael Jent’s petition for post-conviction relief. Finds Jent failed to show the post-conviction court erred in denying his petition and that his petition was unreasonably delayed.