Web Exclusive: Free expungement service coming to Bloomington
A new partnership has formed between Indiana University Maurer School of Law, Indiana Legal Services and New Leaf New Life to launch an Expungement Help Desk in Bloomington this fall.
Courts
Articles
Justices to hear arguments in reversed TPR, juror misconduct cases
The Indiana Supreme Court justices granted transfer to two cases last week while denying 39 others. Of the pair it selected for review, the justices will hear arguments in a reversed termination of parental rights case and in a case alleging juror bias.
Resisting conviction affirmed over challenged ‘force’ instruction
An Indianapolis man’s conviction of Class A misdemeanor resisting law enforcement will stand after an appellate court declined to reverse it over a challenged jury instruction that sought to illustrate what appellate courts have construed to constitute “force.”
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Cass County auditor loses appeal of contempt finding
A Cass County elected official who refused to pay out a payroll voucher has failed to convince the Indiana Court of Appeals to overturn the local trial court’s imposition of a contempt finding against her.
Appeals court upholds removal of Gary reserve officer
A Gary reserve officer suspended but later reinstated must now remain off the force after the Indiana Court of Appeals agreed that the Gary Police Department presented evidence of the reserve officer’s “repeated and blatant noncompliance” with orders.
Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Contamination at justice center site concerns judges
After being home to a gas and coke facility for nearly 100 years, the land designated for the new Marion County Community Justice Center has a toxic legacy buried deep in its soil. Judges have asked for a second opinion on the environmental health of the location in the Twin Aire neighborhood of Indianapolis.
Indiana fetal disposition law upheld by U.S. Supreme Court
Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.
Accused pediatrician’s medical license suspension extended
A Boone County pediatrician charged with sexually abusing three boys has had his medical license suspended for another 90 days. The Indiana Medical Licensing Board originally suspended 41-year-old Dr. Jonathon Cavins’ medical license in March for 90 days, until mid-June, but the board recently added another 90 days to the Jamestown man’s original suspension, meaning he’ll remain suspended until after his July trial.
Report: Detective’s contact with USA Gymnastics not a breach
An internal Indianapolis police investigation has determined a detective didn’t violate department policies by working with USA Gymnastics’ former chief executive to deflect criticism of the organization’s child abuse reporting policies. The Indianapolis Metropolitan Police Department conducted a months-long probe into the actions of Lt. Bruce Smith, an acquaintance of ex-USA Gymnastics CEO Steve Penny who formerly ran the department’s Child Abuse Unit.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
Hearing officer Selby sets Hill’s disciplinary case for October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October, according to former Indiana Supreme Court Justice Myra Selby, the hearing officer in his legal ethics case over accusations of sexual misconduct.
‘Red flag law’ changes narrow language, information gaps
Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.
Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Contamination at new Marion County justice center site raising concerns
An independent environmental assessment of the site for the new Marion County jail and courthouse has some judges questioning if the property will pose a health hazard to the people working and visiting the courts, but others are cautioning to not let fear dictate decision-making.
Jury for gruesome Jeffersonville slaying to come from Hamilton County
The jury for a southern Indiana man accused of killing his ex-girlfriend and eating parts of her body will come from Hamilton County due to publicity about the case, officials said.
Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
U.S. House committee approves $135 million boost to legal aid funding
The Legal Services Corporation got a fast start in the federal budget process Wednesday after the U.S. House of Representatives Appropriations Committee approved a large financial boost of $550 million to the civil legal aid organization.
Former officer pleads guilty to battery for punching suspect
A former Fort Wayne police officer has pleaded guilty to battery and resigned after authorities say he punched a man who refused to have his blood drawn for a drunken driving investigation.