Articles

DOC sex offender program faces Fifth Amendment test

The question of whether Indiana’s treatment program for convicted sex offenders is constitutional is not only providing a case of first impression for the 7th Circuit Court of Appeals but could also give the U.S. Supreme Court the opportunity to clear the confusion over when a prison violates an inmate’s Fifth Amendment rights against self-incrimination.

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Cross-border slaying: Can dead teen’s family sue US agent?

Whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation's boundaries were at issue Wednesday when a federal appeals court heard arguments about the cross-border shooting death of a Mexican teenager by a U.S. Border Patrol agent.

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COA: Minor lacks standing in suit against health department

The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.

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Supreme Court: Blanket suppression goes too far in murder case

While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision

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Judge’s sentencing process does not violate due process

The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.

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COA agrees state did not interfere with defense

The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.

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7th Circuit denies habeas relief in 2005 Gary murder

A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.

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Justices: parole conditions unenforceable, SOMM constitutional

The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.

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7th Circuit blocks Obamacare ‘contraception mandate’

Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.

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Judge sanctions Weinberger for noncooperation with insurer

A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.

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