Madison park focus of man’s drug conviction appeal before Supreme Court
A man’s felony drug conviction level depends on whether the Indiana Supreme Court believes he sold drugs near a public park where children were “reasonably expected” to be.
Olivia Covington
Articles
Supreme Court: Rules of Evidence allowed admission of gun
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.
Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
Man who did not knowingly waive representation to get new trial
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
Court vacates union representation, citing unclear deciding vote
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
Man’s 72-year sentence for child molestation upheld
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
Court impermissibly entered convictions on 3 resisting law enforcement counts
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
Split COA affirms northern Indiana utility rate increase
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
Treble damages upheld in stepmother’s conversion of safe deposit box funds
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
Court must revisit issue of prospective juror’s demeanor in Batson challenge
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
High court strikes down extension of community caretaking role to non-vehicle searches
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed.
Putnam County officer to be resentenced again for excessive use of force
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
COA: County entities did not owe duty under foreseeability analysis
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
Justices deny transfer to malpractice suit against Barnes & Thornburg
The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.
Arguments Thursday in drug case near park with no equipment
The Indiana Supreme Court will hear arguments next week on whether children were reasonably expected to be playing at a park with no playground equipment or trees, the central question that must be answered to determine if a man should be convicted of cooking meth within 500 feet of the park.
Tax Court rules for State Revenue Department in assessment case
The Indiana Tax Court has granted summary judgment to the Indiana Department of State Revenue after finding the department’s proposed assessments of a northern Indiana heating equipment manufacturer were not void as a matter of law.
7th Circuit orders new hearing in Marion County wrongful-detention suit
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
Justices question teen’s LWOP sentence at oral arguments
In Indiana, only five juveniles have been sentenced to life without parole. Now, the fate of the fifth juvenile rests with the justices of the Indiana Supreme Court, who must decide whether the teen’s act of shooting and killing another 17-year-old rises to a level of offense that warrants spending the rest of his life behind bars.
Report: Most civil legal needs for low-income residents go unmet
The vast majority of civil legal problems reported by low-income Americans in the last year received inadequate or no legal help, a recent survey conducted for the Legal Services Corp. shows.
Judge hears arguments in suit challenging new Indiana abortion law
Planned Parenthood of Indiana and Kentucky argued before a federal judge Tuesday that portions of the state’s new parental notice requirements are unconstitutional and place an undue burden on minors seeking abortions.