Resolution to deny bail in ‘substantial risk’ cases headed for final Senate vote after amendments fail
The Indiana Senate heard two amendments Tuesday to a resolution that would limit the right to bail, but neither passed.
Alexa Shrake
Articles
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Criminal recklessness conviction upheld despite constitutional violations
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
‘Abusive’ litigant who threatened judge loses speedy trial appeal
An “abusive” pro se litigant convicted of intimidation after sending threatening letters to a judge has failed to get his conviction overturned on speedy trial grounds.
Notre Dame Law co-sponsoring fellowship to combine practice of law with Christian faith
Notre Dame Law School announced last week a new fellowship for early-career attorneys interested in incorporating the Christian faith into the practice of law.
Bill to give caregivers representation in CHINS cases passes IN Senate committee
The Indiana Senate Judiciary Committee amended and passed a bill unanimously Wednesday afternoon that would entitle caregivers to legal representation in children in need of services cases.
COA splits, reverses for family in eminent domain dispute
A split Court of Appeals of Indiana has reversed for a family in an eminent domain dispute, concluding the town that acquired their property must adhere to Indiana Code and pay them 150% of the fair market value of the property.
Kenworthy officially joins COA in private swearing-in ceremony
Court of Appeals of Indiana Judge Dana Kenworthy has officially joined the court’s bench.
COA dismisses default judgment appeal, but dissent would consider merits
The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.
An ‘enticing’ challenge: Kenworthy makes history as she joins Court of Appeals
Razor-sharp, hardworking, intelligent and caring. Those are words friends and colleagues used to describe new Court of Appeals of Indiana Judge Dana Kenworthy.
Altice named chief judge of historic COA
After more than seven years on the Court of Appeals of Indiana, Judge Robert Altice began a three-year term this month as chief judge of the lower appellate court.
Resolution to deny bail in certain cases passes IN Senate committee
The Senate Corrections and Criminal Law Committee on Tuesday passed a resolution that would not allow bail for a person who poses a “substantial risk” to the public.
Unedited bodycam footage of Indianapolis man’s death made public
The family of Herman Whitfield III has published the police body cam footage of his death after receiving a court order requiring the video be released to them.
7th Circuit: MCS-90 says insurance company has financial responsibility for truck crash
The 7th Circuit Court of Appeals isn’t letting an insurance company off the hook in paying out a man who was involved in an accident with an interstate trucking company it previously covered.
ACLU of Indiana alleges unconstitutional conditions on Terre Haute death row in federal complaint
The American Civil Liberties Union of Indiana has filed a lawsuit against the U.S. Penitentiary in Terre Haute, alleging death row inmates are being held in isolated conditions that violate their civil rights.
7th Circuit affirms summary judgment for employer after employees abused FMLA leave
A husband who was suspended from work along with his wife after they were accused of misusing FMLA leave has failed in his bid to convince the 7th Circuit Court of Appeals to reinstate his lawsuit against his employer.
COA reverses for widow in wrongful death case
The Court of Appeals of Indiana has reversed for a widow who was denied a motion to substitute real party in interest in a wrongful death case, concluding her filing was timely as tolled by the COVID-19 pandemic.
7th Circuit revives bankruptcy collections dispute, overturns little-used ‘transfer’ precedent
The 7th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.
Marion Co. Prosecutor’s Office relaunches ‘Good Faith Initiative’ for driver’s license reinstatement
Marion County Prosecutor Ryan Mears announced Wednesday the relaunch of the Good Faith Initiative, giving a “fresh start” to noncustodial parents whose drivers licenses have been suspended.
Indiana law schools recognized in report for commitment to pro bono services
The law school Class of 2022 contributed more than $80 million worth of pro bono services as part of their legal education, new data show, including contributions from each of Indiana’s three law schools.