Articles

DOC credit-time policy does not result in disparate treatment

The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.

Read More

COA reverses convictions based on ineffective appellate counsel

The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.

Read More

Attorneys seek competency exam in homicide case

Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.

Read More

Indiana gets nearly $78,000 in Sirius XM settlement

Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.

Read More

Justices order adoption petitions moved to juvenile division based on local rule

The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.

Read More

Court erred in affirming decision new seawall must be removed

The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.

Read More

Questions exist as to whether teen furnished alcohol to other teens

The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.

Read More

Conour appeal focuses on defense withdrawal, sentencing terms

Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.

Read More