IN Supreme Court to hold oral arguments on Sixth Amendment violation case
The Indiana Supreme Court will hear oral arguments on Oct. 9 in a case involving a man who was convicted of selling illegal substances that resulted in two deaths.
Sixth Amendment
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IN Supreme Court hears dispute between suspect in Delphi murders, judge who removed his attorneys
The Indiana Supreme Court heard oral arguments Thursday in a dispute between the man accused of killing two teenage girls from Delphi and the judge who removed his attorneys over his objection.
COA grants rehearing, reaffirms that constitutional violations were harmless
The Court of Appeals of Indiana granting rehearing Monday to a criminal recklessness case to clarify its reasoning as to why a constitutional violation was harmless error.
COA upholds stalking conviction, sentence
A man who stalked his high school crush for years despite repeated warnings has failed to convince the Court of Appeals to overturn his felony conviction or two-year sentence.
Criminal recklessness conviction upheld despite constitutional violations
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
COA affirms father’s accomplice convictions in violent robbery with son
A Wayne County father involved in a bloody robbery with his son did not find relief from his accomplice convictions at the Court of Appeals of Indiana.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
7th Circuit denies convicted murderer’s habeas petition after admission of absent witness’s prior testimony
A man convicted of murdering his drug dealer more than a decade ago has again been denied habeas relief after the 7th Circuit Court of Appeals affirmed that the admission of prior testimony from an absent, but key, witness wasn’t done in error.
7th Circuit: Convicted CEO Burkhart doomed by evidence, not Barnes & Thornburg’s conflict of interest
Although the 7th Circuit Court of Appeals agreed the legal counsel had a conflict of interest when defending James Burkhart against federal fraud charges, the disgraced CEO of American Senior Communities failed to show he suffered as a result.
Court bolsters defendant’s right to cross-examine witnesses
The Supreme Court on Thursday buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.
Ruling raises new questions about remote testimony in court
An overturned conviction in Missouri is raising new questions about video testimony in criminal court cases nationwide, and the ruling could have ripple effects through a justice system increasingly reliant on remote technology as it struggles with a backlog of cases during the coronavirus pandemic.
Trial court violated South Bend man’s constitutional rights by excluding him from trial, COA rules
The St. Joseph Superior Court violated the constitutional rights of a South Bend man when it excluded him from his jury trial after failing multiple pretrial drug tests, the Indiana Court of Appeals has ruled.
COA finds speedy-trial rights not violated in Johnson Co. robbery case
The Indiana Court of Appeals has dismissed a man’s interlocutory appeal arguing his Sixth Amendment rights were violated after it found the defendant was partially responsible for the delay in his trial and there wasn’t enough evidence to conclude official negligence by the state.
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Woman denied counsel gets new trial on marijuana charge
A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.
7th Circuit: State courts, not federal, should rule on counsel for kids in CHINS cases
The question of whether children in CHINS proceedings should be appointed counsel is best left for state court resolution, the 7th Circuit Court of Appeals has ruled, finding no “civil Gideon” principle requiring counsel in child welfare cases.
Public defender report underscores need for additional resources
The Indiana Public Defender Commission last month released an analysis of caseloads in Indiana, showing disparities between actual and ideal workloads. That data has led public defense experts to one conclusion: there’s still work to be done to ensure indigent Hoosiers receive quality defense.
Report: Indiana public defender caseload standards likely too high
Caseload standards imposed by the Indiana Public Defender Commission are likely higher than the caseloads public defenders should carry, meaning current practices do not give public defenders sufficient time to provide effective representation.
7th Circuit reverses man’s habeas relief over vehicle search
The 7th Circuit Court of Appeals has reversed habeas corpus relief granted to a man in a disputed search case where police opened a locked box full of illegal drugs while executing an arrest warrant.