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Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’

Article • June 15, 2023 • from CLN July, 2023

Filed under: Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches

Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’ by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that Charlie D. Leshore, Jr., was entitled to file a belated appeal more than 21 years after his conviction …

Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions

Article • May 17, 2023

Filed under: Juveniles, False Statements/Perjury, Interrogation

Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions by Miles Dyson by Miles Dyson Indiana lawmakers have passed a new law that prohibits law enforcement from lying to juveniles during interrogations. The law, which was signed by Gov. Eric Holcomb on May …

Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises

Article • May 15, 2023 • from CLN June, 2023

Filed under: Warrantless Searches, Privacy Act/Rights, Drug Laws/Offenses

Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased …

Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty ...

Article • April 15, 2023 • from CLN May, 2023

Filed under: Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made

Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for …

Estate of Joshua McLemore v. Jackson County, IN, Complaint, Wrongful Death, 2023

Brief • April 12, 2023

Filed under: Wrongful Death

Estate of Joshua McLemore v. Jackson County, IN, Complaint, Wrongful Death, 2023 Case 4:23-cv-00057-TWP-KMB Document 1 Filed 04/12/23 Page 1 of 47 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION THE ESTATE OF JOSHUA A. McLEMORE, by and through its Administrator, Melita …

Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home

Article • February 15, 2023 • from CLN March, 2023

Filed under: Victims, Home Search

Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home by Anthony Accurso by Anthony Accurso The Supreme Court of Indiana reversed the denial of a suppression motion after finding that the …

Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Dete...

Article • February 15, 2023 • from CLN March, 2023

Filed under: Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness

Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …

News in Brief

Article • January 15, 2023 • from CLN February, 2023

Filed under: News in Brief

News in Brief by Alabama: WBMA in Birmingham reported that a former probation officer in Fayette County was convicted of sexual misconduct on Dec. 8, 2022. The former officer, Michael Steven Painter, 51, was found guilty on charges of using his office for personal gain and custodial sexual misconduct — …

Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton

Article • December 15, 2022 • from CLN January, 2023

Filed under: BOP Litigation Reports, Confidential Reports

Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that trial courts are to follow the two-pronged definition of Trial Rule (“TR”) 26(B)(3) to determine whether a police report …

News in Brief

Article • December 15, 2022 • from CLN January, 2023

Filed under: News in Brief

News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …

News in Brief

Article • November 15, 2022 • from CLN December, 2022

Filed under: News in Brief

News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …

Seventh Circuit: Indiana Statute on Dealing Methamphetamine Facially Overbroad and Does Not Qualify as Aggravated Felony for Immigration Purposes

Article • October 15, 2022 • from CLN November, 2022

Seventh Circuit: Indiana Statute on Dealing Methamphetamine Facially Overbroad and Does Not Qualify as Aggravated Felony for Immigration Purposes by Jacob Barrett by Jacob Barrett The U.S. Court of Appeals for the Seventh Circuit reversed a decision by the Board of Immigration Appeals (“BIA”) to remove Jonathan Aguirre-Zuniga for a …

News in Brief

Article • October 15, 2022 • from CLN November, 2022

Filed under: News in Brief

News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …

News in Brief

Article • September 15, 2022 • from CLN October, 2022

Filed under: News in Brief

News in Brief by Alabama: On August 4, 2022, the Vincent City Council voted to fully dissolve the city’s police force after racist text messages by a top officer were discovered, CNN reported. The city is home to about 2,000 residents and until the vote by the council, had just …

News in Brief

Article • August 15, 2022 • from CLN September, 2022

Filed under: News in Brief

News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …

HRDC v. St. Joseph County, IN, USDC, Complaint, Censorship, 2022

Filing • June 27, 2022

Filed under: Damages, Injunctions, PLN Litigation, Censorship, HRDC Litigation

HRDC v. St. Joseph County, IN, USDC, Complaint, Censorship, 2022 USDC IN/ND case 3:22-cv-00489 document 1 filed 06/27/22 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION HUMAN RIGHTS DEFENSE CENTER, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. …

Cooper v. City of Elkhart, IN, Settlement, Wrongfully Convicted, 2022

Brief • June 16, 2022

Filed under: Wrongful Conviction

Cooper v. City of Elkhart, IN, Settlement, Wrongfully Convicted, 2022 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This MUTUAL RELEASE AND SETTLEMENT AGREEMENT (the “Agreement”) is made effective this ____ day of June, 2022 (the “Effective Date”), by and among the City of Elkhart, Indiana; Diana Rezutko, as Personal Representative of the …

Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful

Article • June 15, 2022 • from CLN July, 2022

Filed under: Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas

Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful by Dale Chappell by Dale Chappell I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My …

Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear

Article • June 15, 2022 • from CLN July, 2022

Filed under: U.S. Sentencing Guidelines

Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an …

News in Brief

Article • May 15, 2022 • from CLN June, 2022

Filed under: News in Brief

News in Brief by Connecticut: On Apr. 15, 2022, a Norwalk police officer of 10 years was arrested of assaulting a family member. WVIT, a news channel serving New Britain, reports that officer Jermaine Nash, 44, was arrested after a call was made to police in the mid-afternoon of the …