Articles

COA: State has no burden to prove sanity

A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.

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COA remands to reconsider resentencing bid

The Indiana Court of Appeals found that prosecutorial consent was not required for an offender’s third sentence modification petition after an amended state statute removed that requirement in 2015.

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COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

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Lack of evidence fails man’s drug, credit time appeal

The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.

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COA slams courts, DCS for violating parents’ due process

The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.

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Reversal: Special PCR judge had authority to modify sentence

The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.

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COA rejects father’s child support challenge

A Marion County father has lost his appeal of a trial court’s child support order, failing to convince the Indiana Court of Appeals that he should have been credited for make-up parenting time he was exercising after his ex-wife began prohibiting him from seeing their child.

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Justices agree to hear jury instruction, non-compete cases

The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.

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Smartphone privacy ruling tests how technology affects rights

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?

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COA reverses CHINS adjudications

Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.

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