7th Circuit expands inquiry to implicit motion for new attorney
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
Criminal Case
Articles
Court defines due process rights for drug court participants
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
Judge worries ruling may make bright-line rule in traffic stops
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
Majority overturns enticement of minor conviction based on error
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction”
in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Defendants entitled to competency hearing in probation revocations
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded
today, addressing the issue for the first time.
State, federal double-jeopardy challenge fails
A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.
Court rules on first impression ‘alibi’ witness issue
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
Retired judge overturned based on bias shown on bench
The Indiana Supreme Court has ordered a new trial for a convicted child molester because of the conduct from the longtime
trial judge, who resigned from the bench in September amid a judicial misconduct investigation.
Use of wrong statute requires reversal of dealing conviction
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
Court affirms felony nonsupport of a dependent conviction
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.
Police entry violated man’s constitutional rights
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the
man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs
found in the man’s apartment must be suppressed.
Court rules on appellate counsel issue in child molesting case
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second
highest appellate court has ruled.
Justices adopt appellate court findings
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
Judges affirm elevated drug convictions
The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.
Translated transcripts necessary for jury
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
7th Circuit rules on attorney withdraw brief practicalities
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.
Court: refusal to identify law applies to passengers
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
Accused attorney attacker suspended
The attorney accused of attacking another lawyer last year has been suspended from practice.