Articles

Indiana Supreme Court considers eavesdropping case

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

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Year End Review - Indiana Tech Law School

Top 10 legal stories of 2017 focus on law schools, court changes

The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.

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Rethinking bail: Pretrial release and apps among trends here and nationwide

The drumbeat to reexamine the practice of cash bail in Indiana and nationally has grown louder in recent years as jails groan under the weight of overpopulation. A court pilot program in Indiana assesses risk while a private initiative in New York uses computing power to raise money to pay bail for nonviolent arrestees.

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Divided Supreme Court reverses habitual offender enhancement

A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.

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High Court finds abandonment defense was disproved

A man convicted of attempted robbery of and conspiracy to rob a Terre Haute gas station has lost his appeal to the Indiana Supreme Court, which found Monday there was sufficient evidence to disprove his defense of abandonment.

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Attorneys: Guidance needed for waiving presence at hearing

Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.

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Justices to hear mental health commitment, murder appeals

The rights of respondents to be present at their mental health commitment hearings will be considered this week when the Indiana Supreme Court hears oral arguments in a case in which a man was involuntarily committed for mental health treatment without being present at his hearing.

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