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Friday, September 24, 2004

Indiana Decisions - Not available

As is often the case on Fridays, at least one opinion has been issued, but has not been posted on the court's website, and probably will not be available until after 2 p.m. on Monday. Grumble.

The press receives paper copies of the opinions. And true, if I went down to the Statehouse, I could also access a paper copy. But I cannot access an online copy to link to, because today's decisions have not been posted.

[Correction] I've just learned that the case reported below was not posted because it has been designated Not for Publication by the Court of Appeals. That means it will never be posted online, unless one of the parties moves to have it redesignated, and the motion is granted. Readers may recall that last week two of the three cases granted transfer by the Supreme Court had been designated NFP, and have not been posted online.

The Indianapolis Star is reporting this afternoon, in a story titled "Murder conviction reversed on mental grounds," that:

A man convicted of fatally shooting his mother and wounding his father in their Terre Haute home in 1993 should not have been found competent to stand trial, the Indiana Court of Appeals ruled today.

The appeals court vacated the guilty pleas Howard Frank Street Jr. made to charges of murder and attempted murder. But the ruling said there was no dispute that Street committed the crimes, so he could be tried again if he regains competency. * * *

Katherine Liell, Street's attorney, said she hoped her client was ultimately diverted to the mental health system and will "finally be getting the help he deserves."

"I've represented him for so many years and I was not going to give up this fight, because I am absolutely certain that Mr. Street was incompetent at the time he committed the offenses and still is today," Liell said.

Posted by Marcia Oddi on September 24, 2004 03:52 PM
Posted to Indiana Decisions