Articles

Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

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Justices to hear Lake County eminent domain case

The Indiana Supreme Court unanimously chose to hear two property-related cases, focusing on issues of eminent domain and deciding a case involving rental property fee exemptions for landlords in Bloomington and West Lafayette.

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Justices’ ruling sparks conversation about PCR for noncitizens

Earlier this month, a 3-2 majority of the Indiana Supreme Court granted post-conviction relief to noncitizen Angelo Bobadilla, finding deficient counsel performance and prejudice. But dissenting justices raised concerns about the ruling inappropriately expanding the PCR analysis.

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Venue transfer arguments face justices’ scrutiny

In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.

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Justices: Admission of warrantless cell location data was harmless

Even though law enforcement conducted a warrantless Fourth Amendment search when they accessed of a man’s cellphone location data, the admission of the data does not warrant a new trial because any error was harmless beyond a reasonable doubt, the Indiana Supreme Court ruled Friday, upholding a man’s four convictions in a case heard on remand from the U.S. Supreme Court.

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Web exclusive: Maurer 1L judicial clerkships offer legal aid to rural judges

Five first-year law students from Indiana University Maurer School of Law who are interested in careers in public service have been selected and paired with Indiana trial court judges who preside in smaller communities — specifically, Orange, Putnam, Vigo, Washington and White counties. The pilot’s ultimate goal: offering law students an opportunity to experience real-life practice in smaller communities while assisting Hoosier judges who might be overlooked by students who want to clerk in larger urban areas.

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