Articles

COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation

Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.

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Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights

A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.

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Opinions June 29, 2022

Indiana Supreme Court
Terrance Trabian Miller v. State of Indiana
20A-CR-2315
Criminal. Affirms Terrance Trabian Miller’s convictions. Finds any error that arose during jury instruction was invited by Miller, which precludes relief on direct appeal. Also finds sufficient evidence that Miller was lawfully stopped in his vehicle by police. Finally, finds Miller did not comply with the exhaustion rule, which precludes review of the Cass Circuit Court’s refusal to strike juror T.M. for cause. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.

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Dueling protests show deep divide over Dobbs ruling

The dueling rallies on the Indiana Statehouse lawn one day after the U.S. Supreme Court issued the ruling that overturned Roe v. Wade provided a glimpse into the divide over abortion as well as starkly differing views of what a post-Roe America will be like. On one issue both sides seemed to agree: The Indiana General Assembly will soon be enacting more restrictions, if not a total ban, on abortion.

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