Articles

Divided COA again allows sentence modification in fixed-sentence agreement

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

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Divided COA upholds absentee juvenile delinquent adjudications

A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.

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7th Circuit reverses death sentence for murderer Baer

Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.

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Justices consider delinquent adjudications for teen who threatened school

In the fall of 2015, a Seymour High School student began planning a “Columbine-style” attack on his school specifically targeting two students — a girl he had a crush on, and the other boy that girl liked. The plan was reported and foiled without any harm, but now the Indiana Supreme Court must decide whether delinquent adjudications imposed on the high school conspirator will stand.

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Indiana governor pledges ‘transparent’ DCS review

Indiana Gov. Eric Holcomb pledged in his State of the State address Tuesday night to conduct a “transparent” review of the Department of Child Services, but offered little more than platitudes about an agency that his critics say is enveloped in crisis. “I’ll state right now: There’s no one who cares more about Hoosier children than I do, and I’ll do whatever is necessary to ensure the success of our agency and its mission.”

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Judge blocks Trump decision to end DACA immigration program

A federal judge on Tuesday night temporarily blocked the Trump administration’s decision to end a program protecting young immigrants from deportation. U.S. District Judge William Alsup granted a request by California and other plaintiffs to prevent President Donald Trump from ending the Deferred Action for Childhood Arrivals program while their lawsuits play out in court.

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Sentence modification bill inspired by COA ruling

A recent Indiana Court of Appeals decision that prosecutors say went against longstanding practices in the sentence modification process has sparked a conversation in the Indiana legislature about courts’ discretion to modify sentences stemming from fixed-sentence plea agreements.

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Church of Cannabis seeks sanctuary in RFRA; Hill asks court to rule for state

Indiana Attorney General Curtis Hill has asked a court to rule in the state’s favor against what he calls “a small group of marijuana enthusiasts operating in Indianapolis under the name ‘First Church of Cannabis.’” An attorney for the church said he was thrilled at Hill’s response to its lawsuit on religious freedom grounds.

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