In Henriquez v. State, No. 20A04-1510-CR-1841, ____N.E.3d____ (Ind. Ct. App., August 9, 2016), at issue on appeal was whether the trial court failed to comply with I.C. 35-38-1-1(b) that requires the court to advise the defendant of the earliest release date and the maximum possible release date. Chief Judge Nancy Vaidik reviewed the legislative intent of the statute and determined that a plausible interpretation of … [Read more...] about S.E.A. 120 helps judges and staff
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Judicial Vacancy Process
Justice Robert D. Rucker’s Legacy In January 2017, Justice Robert Rucker announced his retirement from the Indiana Supreme Court. His last day on the Court was May 12, 2017. Appointed by Governor Frank O’Bannon in 1999, Rucker was the Court’s longest-serving active Justice. As Indiana’s first African-American Court of Appeals judge (appointed in 1991) and its second African-American Supreme Court justice (appointed in … [Read more...] about Judicial Vacancy Process
2017 Legislative Summary
New crimes/increased criminal penalties: Level 1 felony: neglect of a dependent with a mental or physical disability. (S.E.A. 246, P.L. 263 – effective July 1, 2017) Level 1 felony: causing serious bodily injury to any person other than the defendant during a robbery of a pharmacist acting in an official capacity or a pharmacy. Level 2 felony: (1) the use of a deadly weapon; or (2) causing bodily injury to any person … [Read more...] about 2017 Legislative Summary
2017 CASA Day Celebration
Court Appointed Special Advocate (CASA) volunteers took part in a celebration at the State House on March 20, 2017, sponsored by the Indiana Supreme Court, Indiana Office of Court Services, GAL/CASA. More than 400 people from across the state clothed in blue t-shirts filled its north atrium, chanting “I am for the child” and “I am CASA strong.” They came to thank lawmakers for their ongoing budgetary support and recen … [Read more...] about 2017 CASA Day Celebration
Lethality Assessments
Do Courts Use Them in Domestic Violence Cases? PART TWO The more experience we have, the more comfortable we are relying on our “gut instincts” about people and their behavior. But when it comes to adjudicating cases, our system of jurisprudence does not condone gut feelings as a basis for judicial decisions. As discussed in Part 1 of this series, risk assessments and lethality/danger assessments can take the gue … [Read more...] about Lethality Assessments