Supreme Court grants 6 transfers
The Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a pathological gambler against a riverboat casino.
Criminal Case
Articles
Judges dissent on search after ‘knock and talk’
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
Judges differ on pretrial credit award
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge – other charges were dismissed – is entitled to, or if he is entitled to any time at all.
Judges disagree on when escape occurs
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
No Brady violation in sex-sting case
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
Man isn’t entitled to parental privilege defense
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
Prior conviction doesn’t fall under exception
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
COA: Man didn’t personally waive right to jury
Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving
case, the Indiana Court of Appeals reversed his elevated conviction.
COA: No credit for pretrial home detention
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
Improper venue doesn’t require acquittal
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
COA: alternative murder sentence illegal
The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
7th Circuit: conviction can’t enhance sentence
A defendant’s conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
Men took substantial steps to commit crime
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
Convictions don’t violate double jeopardy
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
Judges disagree on public intox conviction
The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
COA revises child molesting sentence
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
Mom’s promoting prostitution sentence stands
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
COA: Warrant didn’t need to be admitted
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
COA upholds violent offender registration
The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.
7th Circuit rules on sex offender registration
A reasonable grace period is required before the federal government can enhance a convicted sex offender’s punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.