Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
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Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
Bills on magistrates; custody and visitation pass House
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
COA answers first impression issue on custodial statements
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
High-priced Chicago firm handling Durham’s appeal pro bono
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Justices suspend Tim Durham’s law license
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
Man’s challenge to requirement he register as sex offender dismissed
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
Proposed changes would make convicted felons serve at least 75 percent of sentence
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
Justices take juvenile sex offender case
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
Justices order new trial for man tried in absentia
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Man facing deportation loses 2 appeals
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
Decision could come soon on Don Marsh severance claim
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
Brother’s previous threat allowed at trial
The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.
Pro se defendant wins reversal of restitution order
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.