Articles

Supreme Court to travel, invites amici in smartphone privacy case

The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.

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Domestic violence coalition grows network of lawyers to help survivors

The Indiana Coalition Against Domestic Violence’s Satellite Attorney Program offers free civil legal services to low-income victims of domestic violence, sexual assault and stalking. The program has a network of just over 100 attorneys across Indiana and, since January 2016, has provided legal advice or counsel, including direct representation, in roughly 350 cases.

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Smartphone privacy ruling tests how technology affects rights

A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?

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Smartphone privacy first impression case splits COA

Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.

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COA upholds 6-year stalking sentence for ex’s break-in, threat

A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.

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IMPD officer was qualified as an expert in stalking case

An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.

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Court finds double jeopardy in stalking case

The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.

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COA upholds attempted stalking conviction

A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.

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Judges dismiss man’s appeal of protection order extension

The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.

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High court upholds stalking conviction

It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.

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Justices accept 5 cases

The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.

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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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