Probation sanction affirmed on ‘unduly harsh’ appeal
A man’s argument that the execution of a suspended sentence for a crime he committed while on probation was an unduly harsh sanction failed before the Indiana Court of Appeals.
Courts
Articles
COA overturns felony murder charge in overdose death
A man who provided drugs that ultimately resulted in a woman’s overdose death will not face a felony murder charge after the Indiana Court of Appeals found precedent did not stretch far enough to include his actions.
COA rules for providers on malpractice, negligence claims
The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.
Appeals panel upholds Charlestown water utility sale
A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.
Majority justices reduce drug sentence, order removal from DOC
Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
Landlord, not tenant, responsible for insuring building in fire, COA says
The Indiana Court of Appeals reversed the denial of a tenant’s motion for judgment against a landlord’s insurer after finding that the parties’ commercial leasing agreement unambiguously provided that the landlord would insure a building damaged in a fire.
Indy attorney who converted client funds, falsified attorney registration loses license
An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.
COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges
A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.
COA reverses one of multiple firearm convictions on double jeopardy grounds
An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.
Assault charge filed against LaPorte woman in plane incident
An Indiana woman accused of attacking a Delta Air Lines crew is moving toward a guilty plea in Detroit federal court. In a new court filing, Camille Krueger of LaPorte is charged with head-butting and spitting on federal officers who were removing her from a Germany-to-Detroit flight last January.
COA split on amended sentence modification statute
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
SCOTUS to consider Indiana abortion, juvenile life cases in conference
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
Mobile home parks lose appeal of IURC classification
Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.
7th Circuit affirms denial of habeus corpus petition
A prisoner petitioning for habeus corpus relief for the past decade was again denied when the 7th Circuit Court of Appeals found he was properly sentenced under the Armed Career Criminal Act.
7th Circuit reinstates hairdresser’s disability benefits case
A woman denied Social Security disability benefits was granted a second chance after a panel of the 7th Circuit Court of Appeals found her administrative law judge lacked substantial evidence to prove she wasn’t disabled.
US: Thousands victimized in organic grain fraud scheme
Federal prosecutors say thousands of individuals and businesses were victims of a large-scale scheme in which ordinary corn and soybeans were fraudulently marketed nationwide as “certified organic.”
Court: Justice Ginsburg leaves hospital after cancer surgery
A spokeswoman for the U.S. Supreme Court said Justice Ruth Bader Ginsburg has been discharged from the hospital after cancer surgery.
Split COA affirms admission of dead eyewitness’ video testimony
A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.
Public defender Bohdan named Allen Superior Court magistrate
Allen County public defender John C. Bohdan, II, has been named magistrate judge of the Allen Superior Court Misdemeanor and Traffic Division. Bohdan was selected to succeed former Magistrate David Zent, who was recently appointed to succeed retiring Allen Superior Judge John F. Surbeck, Jr. Surbeck will retire Dec. 31.
Indiana man gets 80 years in prison for Fort Wayne girl’s 1988 killing
An Indiana man has been sentenced to 80 years in prison for the 1988 abduction, rape and killing of an 8-year-old girl. An Allen County judge sentenced 59-year-old John D. Miller, of Grabill, on Friday after Miller pleaded guilty to murder and child molestation charges in April Tinsley’s long-unsolved killing.