Judges split on stalking conviction
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
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7th Circuit rejects ineffective trial assistance claim
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
Appellate court to visit Wabash for arguments
The Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
COA splits on need for evidentiary hearing in revocation
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
Indiana court official visits Ukraine to discuss court access
The trip was a part of an ongoing effort the United States is making to help Ukraine improve its judicial independence and establish more of a democracy.
Bill expands merit selection
Lawmakers consider election vs. selection of Superior county judges in Lake County.
Ind. magistrate judge to chair Federal Judicial Center committee
U.S. Magistrate Judge Tim A. Baker has been appointed by U.S. Supreme Court Chief Justice John G. Roberts Jr. to serve as chair of the Federal Judicial Center’s U.S. Magistrate Judge Education Advisory Committee.
Social Security income shouldn’t be considered in restitution orders
Dealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded when considering a defendant’s ability to pay restitution.
NCAA championship ticket distribution not a lottery
The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.
Kissing a sleeping victim doesn’t constitute sexual battery
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
UPDATE: Hamilton Superior judge surprised by case resolution
In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.
Hamilton County judge pleads guilty to reckless driving
Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.
Judge argues state must prove actual endangerment
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
Court splits on standard used to modify custody
Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
Judges discuss fundamental error, ineffective trial counsel assistance
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
COA: Attorney entitled to lien on former client’s file
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
Judges affirm retroactive application of amendments to blood draw statute
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Kimbrough Bar Association to honor state’s African-American judges
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
State responsible for costs in relocating Medicaid patients
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.