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Opinion rules on 2 issues of first impression

The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.

Majority upholds violent sexual predator finding

An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.

Justices approve ‘double enhancement’

The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony
and find him a habitual substance offender because of explicit legislative direction on the enhancements.

Justices differ on reasonableness of GAL fees

If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then
the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court
ruled Friday.

Benton, Carroll counties on Odyssey

The courts in Benton and Carroll counties have joined nearly 50 other courts in the state using the Indiana Supreme Court
Odyssey Case Management System. The courts and clerk’s offices in those counties went online Friday.

7th Circuit grants writ of habeas corpus

The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.

High court grants 3 transfers

The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction
relief, and the appointment of counsel for a mother involved in a termination proceeding.

Judges affirm juvenile placement in DOC

The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.

Justices rule on sentence modification

A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from
modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.

4 patent lawyers defect from Bose McKinney

The Indianapolis office of Taft Stettinius & Hollister is bolstering its intellectual property practice by bringing aboard
four patent lawyers from rival Bose McKinney & Evans.

COA: Judge should have recused himself

The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.

Judges reverse, reinstate sex-offender conviction

The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.

Identity thief forged Indiana federal judge’s signature

A convicted identity thief from Indiana with at least four aliases pleaded guilty earlier this week in a Montana federal court
on charges that he not only impersonated a military officer and stole multiple identities, but also that he forged court documents
last year and signed the name of U.S. Judge David F. Hamilton from the Southern District of Indiana.

High court addresses provision for 1st time

The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy
for injuries covered by workers’ compensation doesn’t apply.

Prosecutor’s office misses deadline for seized cash

The Indianapolis Metropolitan Police Department likely will have to return more than $273,000 in cash seized as part of a
racketeering investigation after the Marion County Prosecutor's Office missed a civil forfeiture deadline.

Pro se defendant must be advised of rights

The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.