Pre-trial ID of attacker allowed at trial
The trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court of Appeals ruled today in a matter of first impression.
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Articles
First impression case on mouthpieces as ‘foreign substance’
In a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
High court orders new murder trial
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
Supreme Court affirms sexually violent predator status
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
Justices remand to see if defendant had accurate interpreting
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
Majority orders new requirement for pro se defendants with little guidance
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
Court reaffirms 3-step test for in camera review
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
Appellate court vacates murder, dealing convictions
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
COA: Hearsay evidence properly admitted
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
Supreme Court takes 4 cases
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
Justices take 3 cases
The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.
Judge orders law firms to repay city $453,282
A Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending former city officials in the Sidewalk Six scandal.
Appeals court looks at revised law on sex-offense status
The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.
Judges rule man’s right to speedy trial was violated
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
7th Circuit reverses lower court on stun-belt issue
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.
7th Circuit affirms sentences for bank robbing couple
The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.
Look-alike offense counts as controlled-substance offense in sentencing
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes,
the 7th Circuit Court of Appeals ruled for the first time Tuesday.
COA upholds denial of motion to suppress
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
Federal identity theft statute includes use of deceased’s identity
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who
is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
7th Circuit affirms Lake County official’s sentence
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using
his position in public office for kickbacks.