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COA: ‘Serious deficiency’ in treating mentally ill

A panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a “serious deficiency” in the statutes for the treatment of developmentally disabled and mentally ill people in the state’s criminal courts. “Simply said, the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt for the crime alleged, rather than as a condition that prevents the defendant’s ability to form a punishable intention to…

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Court rules on upward sentence revision

The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.

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Trial court erred in denying motion to continue

A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.

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Court upholds out-of-state juvenile placement

The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.

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COA travels north to hear arguments

The Indiana Court of Appeals travels to Marion and South Bend this week to hear arguments in an appeal of voluntary manslaughter and criminal recklessness convictions, and a case involving a conviction of child solicitation.

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Fate of courtroom cameras still unknown

The federal judge vying to become the next justice on the U.S. Supreme Court favors having cameras in court and says she might be interested in furthering their use at the nation's highest court that has resisted the idea for decades.

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Former public defender sentenced

A former Marion County public defender arrested during an undercover child sex sting was sentenced Wednesday for child solicitation, a Class C felony.

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Group criticizes foreclosure mediation programs

A report released today by the National Consumer Law Center examining foreclosure mediation programs believes states, including Indiana, need to make substantial changes before the programs can be effective.

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COA reverses decree award of military benefits

The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.

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Sexual misconduct may not be abusive

The 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive and allow for his minimum sentence to be increased.

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Judge wins in mandate action

A special judge has ruled in favor of St. Joseph Probate Judge Peter Nemeth, who'd issued a judicial mandate earlier this year directing county officials to transfer money for pay raises and improvements for the juvenile justice center.

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COA upholds attorney’s felony conviction

The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.

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Transfer granted to sentencing appeal

The Indiana Supreme Court granted transfer this week to case in which a defendant believed the trial court abused its discretion in referring to his Level of Service Inventory-Revised and Substance Abuse Subtle Screening Inventory scores.

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