Articles

Supreme Court: Summarily approved commitment orders not valid

The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.

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COA tosses convictions on new charges introduced at trial

A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.

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Biological dad’s paternity petition dismissed

The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.   

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Double jeopardy principles not violated in OWI enhancement

A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication. 

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Appeals court rejects belated post-conviction appeal

A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.

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Conviction upheld for mom firing gun from baby bag

A woman who fired a gun into the ceiling of a hair salon after she was asked to leave for arguing with a stylist was denied an appeal of her convictions Tuesday when the Indiana Court of Appeals found there was no abuse of discretion in allowing certain witnesses to testify in her case after they violated a separation of witnesses order.

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