Articles

High court rejects request to reinstate murderer Baer’s death sentence

The U.S. Supreme Court has rejected a request by Indiana’s attorney general’s office to reinstate the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter. Monday’s decision leaves in place a federal appeals court ruling that threw out Frederick Baer’s death sentence because he had ineffective legal counsel. He’ll now be resentenced by an Indiana court.

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Drug convictions tossed over suspicionless search

Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.   

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7th Circuit revives Indiana wine retailer’s challenge to Illinois liquor laws

Finding the arguments needed to be allowed to ferment a little while longer, the 7th Circuit Court of Appeals has returned a dispute involving an Indiana wine retailer and Illinois’ liquor laws back to the district court for further proceedings. The case, Lebamoff Enterprises, Inc., et al. v. Bruce V. Rauner, et al. and Wine & Spirits Distributors of Illinois, 17-2495, raises the oft-asked question of how far states can go under the 21st Amendment in regulating alcohol within their borders.

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COA affirms possession of tossed firearm by felon

A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.

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COA orders judgment for insurer after fatal shooting

An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.

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Conviction vacated for man who opened fire over iPad

A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.

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Judge’s failure to sign commitment order splits COA

For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.

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Appeals court orders return of $60K in seized cash

The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.

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Stepdad who exposed self to teen loses indecency appeal

A northern Indiana man who exposed himself to his stepdaughter’s teenage friend has lost his appeal of his public indecency conviction and sentence, with the Indiana Court of Appeals finding sufficient evidence and the man’s criminal history supported the trial court’s decisions.

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Ex-Lawrenceburg policeman loses 7th Circuit appeal over firing

The 7th Circuit Court of Appeals has upheld a federal court ruling for the city of Lawrenceburg in its firing of a criminally charged police officer, who claimed his termination implicated his First Amendment rights because it came after he complained about the mayor and purported wrongdoing by city officials.

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