A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
A convicted sex offender who argued that a probation condition prohibiting him from living within 1,000 feet of a school is unduly restrictive on his property interest in a home he owns lost his appeal before the Indiana Court of Appeals.
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
The Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’ case manager found guilty of molesting his cousin’s son.
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.
Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.