In noting the state did not provide any evidence to support its arguments, the Southern Indiana District Court restored an inmate’s earned credit time which he had lost for refusing to participate in a sex offender program.
Sharply divided Supreme Court sides with smartphone owner in self-incrimination case
A harshly split Indiana Supreme Court has ruled 3-2 in favor of a woman who was found in contempt for refusing to unlock her smart phone in a criminal investigation. A majority of the high court reversed the contempt order, holding in a landmark ruling that forcing her to unlock her iPhone would violate her Fifth Amendment right against self-incrimination.Read More
Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.
The Indiana Supreme Court has found no constitutional violation against a father who refused to participate in a sex offender treatment program that he argued would violate his Fifth Amendment right against self-incrimination.
The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.
A man who followed a woman by car from Valparaiso to Warsaw has lost an appeal of his conviction and sentence for stalking. The Indiana Court of Appeals rejected his right-to-travel jury instruction arguments as well as his challenge to the evidence against him.
A man who was sentenced to six months in prison after refusing to testify at a theft and conspiracy trial has failed to convince the Indiana Court of Appeals to overturn the contempt finding against him.
In a Portland, Oregon, courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.
It began in July 2017, when Katelin Seo was arrested on stalking-related charges and ordered to unlock her cellphone as part of the criminal investigation. Seo refused, invoking her Fifth Amendment right against self-incrimination, and a flurry of constitutional and technology-related questions ensued.
A woman found in contempt for refusing to unlock her smartphone in a criminal investigation has informed the Indiana Supreme Court that her criminal cases have been resolved. Now, the high court wants to hear arguments over whether her ongoing appeal is moot.
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.
The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.
The Indiana Court of Appeals affirmed the denial of a Columbus woman’s motion to suppress evidence admitted related to her driving while intoxicated charges.
A federal judge Friday ordered the Trump administration to immediately return the White House press credentials of CNN reporter Jim Acosta, saying Acosta suffered “irreparable harm” from the decision to bar him.
An Amish couple with 13 children sued the federal government on Wednesday, accusing officials of violating their constitutional rights by insisting that they provide photographs of themselves before the Canadian wife’s request to become a permanent U.S. resident can be approved.
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
The special counsel in the Russia investigation is seeking immunity for five potential witnesses in the upcoming trial of President Donald Trump’s former campaign chairman, Paul Manafort. The five individuals have indicated they won’t testify or provide other information “on the basis of their privilege against self-incrimination,” special counsel Robert Mueller’s office told a federal judge in Virginia in a court filing Tuesday.