Articles

COA rules man is not guilty by reason of insanity

Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.

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Appellate judges rule on court warrant officer’s claim

The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.

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Circuit Court upholds ban on pen-pal solicitation by inmates

The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.

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New program to study mediation in custody disputes

A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.

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Wrongful conviction arguments heard

The Indiana Court of Appeals heard arguments July 13 in the post-conviction relief case of a woman convicted of intentionally setting a fire that killed her young son, leading to what she says was a wrongful conviction and imprisonment 15 years ago.

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SCOTUS asked to hear stun-belt case

When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.

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Class action alleges UPL

The plaintiffs’ lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.

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Appeals court splits on new sentence modification issue

An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.

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Judges examine estate case involving will, self-proving clause

Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.

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Search didn’t violate driver’s rights

The smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest, the Indiana Court of Appeals held in a case of first impression.

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Circuit Court upholds $500,000 restitution order

A man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.

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COA: Evidence supports dealing conviction

The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.

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COA upholds $12 garnishment

A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.

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