An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.
Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.
The Indiana Supreme Court published an order April 26 on the fees the state’s
appellate courts clerk can charge for miscellaneous services.
A Marion County deputy prosecutor’s striking of potential jurors has divided an Indiana Court of Appeals panel, with judges
disagreeing about whether it should second-guess a lower court’s finding that no racial discrimination was in play in striking
the African-American jurors.
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to
better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn’t gone far
enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental
illness.
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of
the session, reviving talk on two issues that have significant impact on the state’s judiciary and legal system.
The first chief judge of the Indiana Court of Appeals and current senior judge on the appellate court died on Dec. 25 after suddenly falling ill.
The Indiana Court of Appeals will hear arguments at an Indianapolis law school in a man's appeal of his convictions of resisting law enforcement and battery on a police officer. Judges Paul D. Mathias, Terry A. Crone, and Elaine B. Brown will hold arguments at 5 p.m. Tuesday in the Wynne Moot Courtroom at Indiana […]
The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.
A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
The Indiana Court of Appeals ruled on a guaranty issue today that is "so well-settled" in state law that the judges had difficulty finding recent cases restating it.
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.