Justices affirm burglary conviction COA tossed out for perjury
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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Justices uphold use of drug implicated in botched executions
The Supreme Court of the United States has upheld the use of a controversial drug that has been implicated in several troubled executions.
Justices allow new hearings in North Carolina capital cases
The Supreme Court of the United States has left in place lower court rulings ordering hearings over jurors in two North Carolina death penalty trials who reached beyond the jury room for biblical references to help their deliberations.
Supreme Court will re-hear Texas affirmative action
The Supreme Court of the United States will dive back into the fight over the use of race in admissions at the University of Texas, a decision that presages tighter limits on affirmative action in higher education.
Opinions: June 26, 2015 ILD
Indiana Court of Appeals
David Drummond v. State of Indiana (mem. dec.)
49A02-1408-CR-577
Criminal. Affirms denial of petition to modify sentence.
Terry L. Austin v. State of Indiana (mem. dec.)
30A04-1412-CR-589
Criminal. Affirms convictions of Class C felony bribery and Class D felony official misconduct.
White County Sheriff John Roberts, White County Commissioners, John Heimlick, Ronald Schmierer, and Steve Burton v. Chris and Connie Luthi (mem. dec.)
37A03-1501-CT-33
Civil tort. Affirms denial of White County parties’ motion for summary judgment on negligence claim.
Opinions June 26, 2015
7th Circuit Court of Appeals
Renato DeBartolo v. United States of America
14-3579
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Reverses denial of a petition for relief from a removal order resulting in the deportation of DeBartolo to Italy. The panel held that the failure of DeBartolo’s attorney to inform him that pleading guilty to a drug charge could result in deportation proceedings was ineffective assistance of counsel.
Judgment reserving funds for mechanic’s lien reversed
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
Warsaw poker game operator’s conviction flushed
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
Display celebrates Tinder’s career
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
Man deported after living in US since age 1 gets relief
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
Appeals panel reverses expungement denial
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
Comment sought on possible child support guideline changes
The Indiana Supreme Court is considering altering the child support guidelines, which provide a measure for determining the amount of child support each parents owes.
Minkler takes over as U.S. attorney in Southern District
Josh Minkler was sworn in as U.S. attorney for the Southern District of Indiana on Thursday by Southern District Chief Judge Richard L. Young.
Supreme Court extends same-sex marriage nationwide
The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.
Woman’s comments to police considered political speech, COA rules
The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
Judges deny sentence modifications, but for different reasons
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.
7th Circuit rules against Anderson mayor in suit following firings
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
Opinions June 25, 2015 ILD
Indiana Court of Appeals
Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)
71A05-1408-CT-397
Civil tort. Affirms grant of Simon’s motion to dismiss and the denial of Gumwood’s motion to amend in a dispute over a lease involving Ann Taylor.
In the Matter of the Termination of the Parent-Child Relationship of: L.G. (Minor Child) and D.G. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
49A02-1412-JT-841
Juvenile. Affirms termination of parental rights.
Opinions June 25, 2015
7th Circuit Court of Appeals
United States of America v. Pascal Sylla
14-2813
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms 2013 conviction of attempted bank robbery stemming from an attempted robbery in 2003. Sylla’s DNA was matched to the crime scene in 2010, thus making his conviction not outside the statute of limitations.
7th Circuit rejects claim conviction is outside statute of limitations
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.