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The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
Indiana Court of Appeals
James A. Hart v. State of Indiana
59A01-1607-CR-1655
Criminal. Reverses James Hart’s conviction of Class A misdemeanor invasion of privacy. Finds the Orange Superior Court did not properly advise Hart of the dangers of representing himself and, thus, he did not knowingly, intelligently and voluntarily waive his right to counsel verbally or through his conduct. Remands for a new trial.
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
Four planned roundabouts on 96th Street may have hit a roadblock with the city of Indianapolis asking a court to stop the city of Carmel from moving forward with the project.
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
The wife of a likely Senate candidate averages a 26.5-hour work week in her $240,000-a-year job doing legal consulting for an Indianapolis suburb, according to timesheets reviewed by The Associated Press.
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.
Indiana Supreme Court
William McNeal v. State of Indiana
49S05-1706-CR-405
Criminal. Grants transfer and vacates the Court of Appeals’ discussion in its opinion of the community caretaking function, specifically the final sentence of Section 1, the entirety of Section 1.1, the first phrase of Section 1.2 and the second sentence of the paragraph numbered 25. Summarily affirms the remainder of the Court of Appeals’ opinion, including the rest of Section 1.2 and Section 2.
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed.
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
The Justice Department says it will offer its resources to help 12 U.S. cities, including Indianapolis, fight violent crime.
A Gary attorney is being held in the Lake County Jail after she was arrested and charged with felony theft.
A temporary replacement for the judge of the Wabash Superior Court has been appointed as current Judge Christopher Goff prepares to step down from the trial court bench and transition to the Indiana Supreme Court next month.
The U.S. Supreme Court gave companies a new tool to defeat some legal claims, siding with Bristol-Myers Squibb Co. in a bid to limit a consumer lawsuit in California over its Plavix blood thinner.
Indiana Court of Appeals
Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal Representative, et al.
19A04-1607-CT-1563
Civil tort. Reverses the denial of the Daviess-Martin Joint County Parks & Recreation Department, Daviess County, Indiana, and the Daviess County Health Department’s motions for summary judgment regarding a negligence claim by the estate of Waylon Abel, and John Abel on behalf of the dependent children of Waylon Abel. Finds the county, parks board and health department did not have a duty to Waylon Abel.