Elkhart judge rejects fatal crash plea, surprising victim’s parents
A northern Indiana judge has rejected a man’s plea agreement in a fatal 2015 car crash, frustrating the victim’s parents, who say they want the long-running case behind them.
Felony
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Expungement wait-time case sparks confusion during oral argument
Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.
7th Circuit rejects ineffective-assistance claim on direct appeal
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
Expungement wait-time case set for Thursday oral arguments
The Indiana Supreme Court will hear oral argument this week in a criminal expungement case that has previously divided the Indiana Court of Appeals about when the trigger date for five-year expungement waiting periods should begin.
Clark Circuit Judge Adams apologizes for fight that led to his shooting
A southern Indiana judge is apologizing for a May 1 fight outside an Indianapolis fast-food restaurant during which he and another judge were shot and seriously wounded. The apology comes as Judge Andrew Adams is seeking re-election after pleading guilty to battery for his role in a shooting in which he and a fellow Clark Circuit judge were seriously injured.
Reversal: Relief granted for ineffective assistance of counsel in rape case
A man sentenced to 145 years after he was convicted of sexually assaulting his fiancé has been granted post-conviction relief on appeal. The Indiana Court of Appeals concluded the man was entitled to relief based on his appellate counsel’s ineffectiveness.
Juvenile molestation finding reversed over faulty rights waiver
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
7th Circuit remands one drug sentence enhancement, lets another stand
One of two men convicted as conspirators in an Indiana meth ring will be resentenced as a result of his appeal while the other man convicted in the scheme will serve his full 25-year sentence, the 7th Circuit Court of Appeals held Wednesday.
COA: Order committing juvenile to DOC until age 18 must be corrected
An order that a juvenile delinquent be committed to the Indiana Department of Corrections until his 18th birthday has been remanded for correction after the Indiana Court of Appeals concluded the trial court abused its discretion in ordering the determinate commitment.
Suspended lawyer accused of thefts from disabled clients jailed on warrant
A suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and injured clients whose special-needs trusts he established and then allegedly used for his own purposes is in jail in Muncie, where he may remain until standing trial on criminal charges around the state. Kenneth “Shane” Service, 46, was booked into the Delaware County Jail on Thursday, according to jail records.
Judge advocates for competency evaluations upon arrest in post-conviction appeal
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
Dismissal reversed in teen child-molesting case
A young adult accused of child molesting when he was a teenager has had his granted motion to dismiss a delinquency petition against him reversed. The Indiana Court of Appeals found the juvenile court had subject matter jurisdiction in the case.
62-year sentence affirmed for Evansville teen in murder case
A 62-year sentence has been affirmed for a teenager convicted of murdering a man outside of an Evansville gas station and food market, the Indiana Court of Appeals ruled Thursday.
Split COA reduces manslaughter sentence after judge’s ‘compensation’
A split Indiana Court of Appeals panel has reduced a man’s voluntary manslaughter sentence after finding the judge who sentenced him did so in part “to compensate for what he believed to be an erroneous verdict.”
No charges against ex-senator over Indiana lobbying contract
Prosecutors have decided a former Indiana state senator won’t face criminal charges over possible violations of state lobbying laws involving his work with the state’s Department of Veterans Affairs.
2 charged in man’s fatal beating in Indiana forest face joint trial
Two men accused of beating a man to death with a pipe in a northern Indiana forest are facing a joint trial in April.
Pair could face new charges in Tippecanoe County neglect case
Prosecutors are looking to file four additional charges against an Indiana couple accused of abandoning their adopted daughter. Michael and Kristine Barnett, who were charged in September with two counts of neglect of a dependent, now possibly face six to 20 years in prison if convicted.
COA upholds GBMI ruling in deadly Monument Circle attack
A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.
Man gets 3 years for firing shots into busy Hobart Walmart
A man who claimed he was acting in self-defense when he fired shots into a busy northwestern Indiana Walmart store has been sentenced to three years in prison.