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.
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.
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.”
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.
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.
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.
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.
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.
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
A lawsuit filed by 10 Hoosier children who argued Indiana should be required to provide legal counsel to youngsters involved in children in need of services proceedings was dismissed Tuesday in federal court. Attorneys who filed the case, however, indicated the matter is far from over.
A man sentenced to die by lethal injection at the federal prison in Terre Haute was denied a stay of execution in federal court Wednesday, narrowing his remaining appeals and potentially setting the stage for his execution scheduled next month to proceed.
The Indiana Court of Appeals declined Wednesday to accept a formerly incarcerated man’s argument that a trial court abused its discretion in denying his motion to dismiss charges against him under the speedy-trial rule.
In the 2½ years since the Sixth Amendment Center released a report strongly condemning indigent criminal defense in Indiana, public defenders have pressed for reforms. Now, those efforts slowly are beginning to bear fruit as the Indiana General Assembly takes action on reform legislation.
Leaders of state and national criminal justice organizations are declaring their support for the Indiana Public Defender Commission’s reform initiative, which the commission is presenting to the Indiana General Assembly this year in an effort to secure additional funds to expand and improve indigent defense services statewide.
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.
The Indiana General Assembly has taken the first step toward allowing Indiana counties to create regional public defenders’ offices, a change that has been championed as a means of reducing public defender caseloads and eliminating the appearance of judicial impropriety when appointing indigent defense.
A Senate bill that would allow the Indiana Public Defender Commission to create guidelines for a multi-county public defender’s office will be heard by a committee Tuesday.
The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.
The work of law enforcement has changed dramatically in the last 30 years. But in Indiana, one aspect of local law enforcement has not: the per diem local jails receive to house, feed and transport inmates. Currently the state allocates a $35 per day, but the Indiana Sheriffs’ Association has announced plans to advocate for raising that amount to $55.