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The Indiana Court of Appeals had to decide which of a man’s two convictions that violated double jeopardy prohibitions to vacate, and determined that his Level 6 felony criminal recklessness conviction should be vacated because it has the less severe penal consequence.
A mother that has prevented her son from seeing his father since 2009 and purposefully disobeyed parenting time orders and contempt orders must be sanctioned, the Indiana Court of Appeals ruled Friday.
A trial court should have followed Indiana Trial Rule 41(E) and held a hearing before dismissing an inmate’s petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
Because the post-conviction court denied an inmate’s petition for credit time without considering whether he had exhausted administrative remedies, the Indiana Court of Appeals sent the case back for reconsideration.
Even though he violated the terms of his probation, an offender should not have been ordered back to jail because at his release Indiana Department of Correction made a mistake and put him on parole.
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.
Indiana Court of Appeals
Anthony J. Wampler v. State of Indiana
14A05-1510-CR-1606
Criminal. Affirms 33-year sentence for two counts of Class B felony burglary and Wampler’s status as a habitual offender. Acknowledges Wampler’s mental health problems, but he has not taken medication from 1995 until this case. Also finds sentence be appropriate given the long-term stalking Wampler has done of the victim and his criminal history. Judge Mathias dissents with opinion.
Lawyers have appealed a jury decision that cleared Led Zeppelin of accusations it lifted a riff from an obscure 1960s instrumental for the intro to its classic rock anthem "Stairway to Heaven."
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
Indiana Court of Appeals
Lisa R. Harris v. State of Indiana
83A01-1509-CR-1311
Criminal. Reverses denial of Harris’ motion to suppress evidence obtained from a consent search during a seat belt enforcement stop, which led to a Level 6 felony possession of methamphetamine charge. The officer lacked an independent basis of reasonable suspicion justifying inquiry above and beyond the seat belt violation. Remands for further proceedings Judge Najam dissents with opinion.
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.