Hoosier law school commencement ceremonies begin this weekend
As commencement nears for Hoosier students across the state, four speakers are preparing to address the law school classes of 2019.
Katie Stancombe
Articles
Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Double jeopardy violation prompts reversal of man’s child molesting conviction
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
Web Exclusive: Text message reminders curb failures to appear
In less than a year, the Odyssey Text Messaging Reminder System has sent more than 400,000 text messages to criminal defendants scheduled to appear before in court. Judges say the system, which became available in May 2018 for any interested Indiana county, has reduced the number of litigants missing court dates.
Federal judge hears South Bend abortion clinic arguments
A federal judge considered arguments April 22 stemming from a nonprofit’s lengthy legal battle to open an abortion clinic in South Bend, which was characterized by the judge as a potential legal stalemate that could be considered a “moving target.” Barker Questions were raised before Senior Judge Sarah Evans Barker of the U.S. District Court […]
Split COA grants new trial to defendant denied pro se request
A split Indiana Court of Appeals has granted a new trial to a man who was convicted after he was refused his right to represent himself in his criminal case. The majority found the defendant timely filed and was unjustly denied his pro se request.
7th Circuit: No due process violations against rejected billboard company
The 7th Circuit Court of Appeals has affirmed the denial of a digital billboard company’s motion for preliminary injunction against the City of Westfield, finding its due process rights were not violated when the city ordered construction on a billboard to stop.
Justices consider whether Skype appearance violated juveniles’ rights
Indiana Supreme Court justices heard arguments in two consolidated and procedurally identical cases Thursday, questioning whether two juveniles who appeared at disposition modification hearings via Skype were denied their rights to be present.
Ex-Ball State professor gets reversal on three child porn convictions
A former Ball State math professor convicted of child pornography and exploitation charges last year will have three of his convictions reversed after the Indiana Court of Appeals found some of the images of nude children he possessed did not explicitly depict “sexual conduct.”
Reversal: Drunk driver’s BAC lower than listed in conviction
A man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.
Double jeopardy principles not violated in OWI enhancement
A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication.
COA affirms civil suit rulings against ex-insurer convicted of theft
A formerly licensed insurer investigated and convicted of felony theft failed to convince an appellate panel that judgment was erroneously granted to the Indiana State Department of Insurance and a Putnam County prosecutor on the pleadings of his suit against them.
Appeals court rejects belated post-conviction appeal
A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.
Holcomb sent bill allowing pension restitution for stolen public funds
A bill that would allow taxpayers to recoup stolen funds from public officials’ pensions has received a few tweaks, but the bill’s chief aim has remained untouched.
7th Circuit upholds drug dealer’s career criminal ruling
The 7th Circuit Court of Appeals affirmed a determination that man convicted for drug-related offenses was a career offender under § 4B1.1 of the United States Sentencing Guidelines and that a corresponding enhancement was appropriately applied to his sentence, rejecting his interpretation of the statute.
Conviction upheld for mom firing gun from baby bag
A woman who fired a gun into the ceiling of a hair salon after she was asked to leave for arguing with a stylist was denied an appeal of her convictions Tuesday when the Indiana Court of Appeals found there was no abuse of discretion in allowing certain witnesses to testify in her case after they violated a separation of witnesses order.