Probation revocation petition after term ended affirmed
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.
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Weepy wedding guest gets conviction affirmed
Just about everybody cries at weddings, but a woman arrested while driving home from a marriage ceremony was unable to convince the Indiana Court of Appeals that the tears she shed “by the second” in the back of the police cruiser falsely elevated the concentration of alcohol in her breath.
COA: Marijuana grinder not ‘paraphernalia’ under statute
A misdemeanor paraphernalia charge against a man found with a marijuana grinder in his car has been overturned after the Indiana Court of Appeals determined the grinder did not constitute “paraphernalia” under the applicable statute.
COA upholds dismissal of adoption petition after ‘fraud on the court’
The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.
COA: Angry shopper wrongly convicted of resisting
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
Fort Wayne man accused in attack on mother now facing murder charge
A Fort Wayne Indiana man who police say told an officer he was possessed by demons and Adolf Hitler when he allegedly attacked his mother is facing a murder charge. Court records show the charge was added Tuesday against 34-year-old Jason Steiss, who last week was jailed on charges including aggravated battery.
Man, 23, to face charges in 2011 slaying of Goshen professor
A northern Indiana prosecutor says she will file murder and attempted murder charges against a 23-year-old man for a 2011 home invasion that left a Goshen College biology professor dead and his wife badly injured. Elkhart County Prosecutor Vicki Becker announced she will file the charges against Winston Earl Corbett, who was 16 at the time of the attack on 58-year-old James Miller and his wife, Linda.
Indiana law professors support changes to judicial conduct rules
Although they concede that more needs to be done, two Indiana law professors are applauding the recommendations on how to handle sexual harassment complaints made against the federal judiciary. Professors Charles Geyh and Jennifer Drobac, offered their comments as part of the public hearing to consider the proposed changes to the Code of Conduct for U.S. Judges and the Rules for Judicial-Conduct and Judicial-Disability Proceedings.
COA orders summary judgment for insurance company after postal worker’s death
The Indiana Court of Appeals has ordered the entry of summary judgment for an insurance company after finding that although the airbrushing business the company insures made multiple mistakes that led to the death of a postal worker, those mistakes resulted in only one accident.
Cameras allowed in court next month for National Adoption Day
In celebration of National Adoption Day, Hoosier families will once again have an opportunity to smile for the camera in the courtroom. The Indiana Supreme Court has announced its authorization of cameras in court for uncontested adoptions during the month of November, allowing photography and video of the adoption proceedings.
COA reverses incest, child molesting convictions after double jeopardy violation
The Indiana Court of Appeals partially reversed a man’s conviction for child molesting and incest when it found a double jeopardy violation in the convictions.
Inmate who dressed as old woman, carried urine into court loses appeal of denial of pro se rights
A Marion County defendant whose right to proceed pro se was terminated after a judge determined his physical state precluded him from doing so has lost his appeal of that termination, with the Indiana Court of Appeals finding the man used his illness to try to influence the court and jury.
Reversal: Officers entitled to qualified immunity after inmate death
The 7th Circuit Court of Appeals reversed a grant of judgment in favor of a deceased inmate’s estate, finding two officers who placed the inmate in a cell while he was intoxicated were entitled to qualified immunity.
COA upholds mixed sentences for murder, attempted murder convictions
A Lake County man sentenced to an aggregate 225 years lost his pro se appeal after the Indiana Court of Appeals determined his sentence, which included a mix of terms running consecutively and concurrently, did not violate state statute,
Darmstadt apartment zoning approval splits appellate court
A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
Addressing opioids requires stakeholders to work together
Disconnect between Americans with addictions and civil legal aid options was the subject of the Oct. 17 meeting of the Legal Services Corp.’s Opioid Task Force. Gathered in downtown Indianapolis ahead of LSC’s board meeting in the Circle City, the task force met to address the civil legal aid implications of the opioid epidemic.
Indiana Supreme Court asked to review rent-to-buy agreements
Asserting the Court of Appeals’ ruling in a rent-to-own dispute will adversely impact tenants across the state, Indiana Legal Services filed a petition Monday to transfer its litigation against Rainbow Realty Group for the company’s rent-to-own practices. In its transfer petition,Indiana Legal Services argued Rainbow's rent-to-buy contract is a lease governed by the state’s Landlord-Tenant Act.
Trump administration wants delay in census lawsuit trial
The Trump administration wants the Supreme Court to postpone a trial over the decision to add a citizenship question to the 2020 census. The request submitted to Justice Ruth Bader Ginsburg Monday says a federal judge in New York should not move forward with a Nov. 5 trial exploring whether Commerce Secretary Wilbur Ross improperly decided the census should ask about citizenship for the first time since 1950.
High court won’t hear Evansville suit alleging coerced confessions
A lawsuit involving three teenagers who accuse Evansville police of violating their constitutional rights is headed to trial after the U.S. Supreme Court declined to hear the case. The high court refused Monday to review a January ruling by the 7th U.S. Circuit Court of Appeals, which found enough evidence to warrant a civil trial in the suit filed on behalf of William, Deadra and Andrea Hurt and their mother.