Articles

COA: Court properly denied father’s motions in termination case

The Indiana Court of Appeals affirmed the termination of a father’s rights over his young son Monday, finding the trial court acted within its discretion when it denied his motions for a continuance and order to transport from where he was incarcerated to the Indianapolis court.

Read More

COA reverses sentence imposed after failed drug program completion

A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.

Read More

Vacancy opens up on St. Joseph County bench

St. Joseph Superior Judge Jerome Frese is retiring early next year, opening up a spot on the bench. The St. Joseph County Judicial Nominating Commission will hold interviews with candidates in late December.

Read More

Obama lawyers ask Supreme Court to revive immigration plan

President Barack Obama’s administration moved quickly to seek a U.S. Supreme Court hearing on his plan to shield as many as 5 million undocumented immigrants from deportation, setting up the prospect of a politically charged court battle next year.

Read More

Opaque military justice system shields child sex abuse cases

More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.

Read More

HIP payments not negotiated; Stanley not applicable

Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.

Read More

Fogle sentenced to 15 years for pornography, sex crimes

A judge on Thursday sentenced former Subway pitchman Jared Fogle to 15 years and eight months in federal prison — even more than requested by prosecutors — for trading in child pornography and having sex with underage prostitutes.

Read More

Court orders man’s probation period reduced

The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.

Read More

FSSA incorrectly imposed transfer penalty on Medicaid recipient

Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.

Read More