Among public defenders, cases rise but funding lags
Public defenders around Indiana say they need a life preserver made of money to stay afloat in the flood of child in need of services cases that has deluged state courts in recent years.
Public defenders
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Landis, longtime head of Public Defender Council, to retire in July
Despite working on Indiana public defense reforms for 41 years, there are still goals Larry Landis wishes he could have accomplished before his impending retirement from the Indiana Public Defender Council. In a perfect world, Landis said his career would have led to more judicial sentencing discretion, a greater focus on mental health treatment, and a justice system that values restoration over punishment.
COA orders withdrawal of guilty plea made without counsel
The Franklin Circuit Court must withdraw a first-time felon’s pleas to two drug counts after erroneously finding the man knowingly, voluntarily and intelligently waived his right to counsel, the Indiana Court of Appeals ruled Wednesday.
Alleged DOJ misconduct spreads to Indiana death penalty case
Accusations of sexual harassment and prosecutorial misconduct at the U.S. Department of Justice’s Capital Case Section have ensnared a death penalty case in the Southern District of Indiana against a federal inmate charged with killing his cellmate.
COA reverses denial of PCR petition
A pro se defendant sentenced to 100 years of incarceration can take his case back to the trial court after the Indiana Court of Appeals found his appellate counsel prejudiced him by not raising the issue of whether his waiver of counsel was knowing, intelligent and voluntary.
Senate committee advances civil forfeiture bill
A long-discussed civil forfeiture reform bill has cleared its first hurdle in the Indiana statehouse. The Senate Judiciary Committee on Wednesday passed Senate Bill 99, which tightens due process procedures when prosecutors seek to confiscate property allegedly connected with crimes.
Public defender task force announces listening tour
A task force that is studying the provision of indigent criminal defense services in Indiana will soon travel the state to gather public input on how those services can be improved. The Task Force on Public Defense announced Wednesday it is launching a statewide listening tour to seek public comment on the inefficiencies in Indiana’s public defense services.
Fixed plea modifications at heart of legislation, Supreme Court case
When a court accepts a fixed-sentence plea agreement, prosecutors and defenders alike say the long-standing practice has been for courts to uphold the exact terms of that sentence, absent an agreement between the parties. A recent Indiana Court of Appeals ruling, however, has seemingly put an end to that practice, leading to both a legislative and judicial review of the sentencing issue.
COA affirms dismissal of Johnson County public defender suit
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
Task force researches improving Indiana’s public defender system
On the heels of criticism from a national organization and multiple lawsuits challenging Indiana’s public defender system, Indiana lawmakers and legal stakeholders are beginning to review the state’s public defense mechanisms to identify strategies for improvement.
COA hears challenge to Johnson County public defender system
As a statewide task force begins the process of analyzing deficiencies in Indiana’s indigent defense services, a group of Johnson County criminal defendants sought to keep alive a lawsuit against their court-appointed public defenders. The defendants Thursday urged the Indiana Court of Appeals to reinstate their suit alleging ineffective assistance of counsel before their cases have concluded.
Response to man’s plea for ‘lawyer dog’ has internet howling
Did the suspect ask for a lawyer dog? Or did he call a detective “dog,” while seeking a lawyer? A Louisiana Supreme Court justice appears to side with the canine lawyer interpretation.
Retired Judge Tinder to lead Task Force on Public Defense
Former 7th Circuit Court of Appeals Judge John Tinder is stepping into a new role as chair of an effort designed to assess the current state of Indiana’s public defender system.
Public defenders decry growing caseloads
As the number of children in need of services cases continues to rise, public defenders across Indiana are stretching themselves to be able to offer competent representation while also serving as many clients as possible. Defenders are likewise feeling a strain on their misdemeanor caseloads.
Lawmakers hear proposals for increased indigent defense funding
Public defenders from across the state came to the Indiana Statehouse Thursday to share their concerns about what they see as crisis in the state’s judiciary – the increasing difficulty their offices face to comply with caseload suggestions as more and more filings hit their desks.
Ex-judge, public defender accused of sex with inmates resigns
A former judge and public defender who was convicted of felony official misconduct after he was accused of sexual contact with jailed clients has resigned rather than face an attorney discipline hearing related to the charges.
Public defender accused of harassing ex-girlfriend suspended
A northern Indiana public defender accused of repeatedly harassing his ex-girlfriend has been suspended from the practice of law in Indiana for at least one year.
Trial court had no statutory authority to impose second public defender fee
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
7th Circuit rejects collateral attack
The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
‘Dismayed’ by trial court, COA orders resentencing
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.