Fort Wayne man guilty of killing 4 sentenced to 300 years
A Fort Wayne man who pleaded guilty to four counts of murder in the deaths of four people, including his unborn child, was sentenced to 300 years in prison.
mental health
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Boy who shot trooper dad to get mental health treatment
An Indiana boy who authorities say shot and wounded his state-trooper father because he was upset that his parents took away his video games will get mental health treatment at a secure facility.
Murtaugh: Big law mental health media coverage soars in 2019
Within legal media, mental health made the jump from invisible to mainstream this year. There is now compelling evidence that it is OK for attorneys to talk about their mental health struggles publicly or disclose them to their employers.
COA: Claim of man killed by kick falls under Medical Malpractice Act
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
Elkhart man revives efforts for new trial in 2002 murder
A mentally disabled man serving a 55-year prison sentence for an Elkhart murder 17 years ago that he maintains he did not commit is reviving his efforts for post-conviction relief, presenting new evidence in a petition he claims exonerates him.
Father loses custody appeal despite consideration of active-duty status
An Indiana trial court improperly considered a father’s active duty status when awarding custody of his child to his estranged wife, but that error does not change the custody determination, the Indiana Court of Appeals has ruled.
Teen convicted of murder wins resentencing due to ineffective counsel
A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.
‘Insanity’ judgments excluded ‘convictions’ under expungement statute, COA rules
An appellate panel has determined that individuals adjudicated as not responsible by reason of insanity may not have that finding expunged from their records pursuant to Indiana Code section 35-38-9- 1. It thus rejected a man’s request to have his murder charge removed from his record.
COA reduces counts in armed burglary of elderly Franklin couple
A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.
Man with intellectual disability freed from death sentence
An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.
Appellate panel considers med-mal claim in wrongful death suit
An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.
Man can reject insanity defense in ex-girlfriend’s slaying
A judge in Jeffersonville has ruled a man accused of killing his ex-girlfriend and eating parts of her body can reject an insanity defense.
Res judicata leads to remand of CHINS determination
Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.
‘Red flag law’ changes narrow language, information gaps
Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.
Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
Divided appeals court reduces child molester’s sentence
A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.
Woman’s murder conviction vacated for ineffective counsel
A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.
Mental review ordered for man in northwest Indiana slayings
A man accused of fatally strangling an elderly woman and her daughter in northwestern Indiana has been ordered to get another mental health evaluation.
COA rejects covered bridge arsonist’s insanity defense
A man who set two Indiana covered bridges ablaze and almost burned down a third lost his insanity defense appeal after the Indiana Court of Appeals concluded he was legally sane at the time of the crimes.