Courts - The Indiana Lawyer

Supreme Court petitioned on police officers’ legal immunity

March 13, 2020 | Associated Press

James King had no idea that the men who grabbed him and took his wallet were plainclothes officers looking for a fugitive. King’s case is one of several taken up by the Arlington-based Institute for Justice in an effort to get the U.S. Supreme Court to reconsider the “qualified immunity” doctrine, which frequently shields police officers and other government agents from lawsuits when they are accused of violating a person’s constitutional rights.

CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration

March 13, 2020 | Katie Stancombe

Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30^th anniversary celebration of the Indiana Office of GAL/CASA on March 4.

DNA under victim’s nails leads to arrest in 2000 Indianapolis killing

March 13, 2020 | Associated Press and IL Staff

A northern Indiana man has been charged in the 2000 killing of a man found dead in an Indianapolis hotel room after his DNA matched DNA found beneath the victim’s fingernails, prosecutors said.

Indy 16-year-old pleads guilty to killing siblings, gets 40 years

March 13, 2020 | Associated Press

An Indianapolis teenager charged as an adult pleaded guilty Wednesday to two counts of murder in the August shooting deaths of two siblings.

COA affirms charges brought under new cause number

March 12, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.

Denial of motion to suppress affirmed in traffic stop case

March 12, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.

Reversal: Transgender name change permitted; trial court admonished for disrespect

March 12, 2020 | Katie Stancombe

A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.

Reversal: Orange County man’s child molesting conviction improperly elevated

March 11, 2020 | Katie Stancombe

The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.

Justices allow ‘remain in Mexico’ asylum policy to continue

March 11, 2020 | Associated Press

The Supreme Court of the United States on Wednesday said it would allow the Trump administration to continue enforcing a policy that makes asylum-seekers wait in Mexico for U.S. court hearings, despite lower court rulings that the policy probably is illegal.

Tax Court affirms Evansville rehab center falls under 3% tax cap

March 11, 2020 | Katie Stancombe

An Evansville temporary inpatient rehab center is not considered to be either a long-term care property or a residential property, the Indiana Tax Court affirmed Tuesday. As such, the property owner’s tax liability was required to be computed using the 3% property tax cap.

Attorney accused of tax evasion suspended; 2 justices would disbar

March 10, 2020 | IL Staff

A Schererville attorney previously arraigned in federal court on charges of tax evasion and failure to pay federal income taxes has been suspended from the practice of law for three years without automatic reinstatement, the Indiana Supreme Court ordered Tuesday. Some of the justices, however, said they would disbar the attorney.

Trial date postponed for alleged gunman in judges shooting

March 10, 2020 | IL Staff

A trial that had been scheduled to begin next Monday has been continued until mid-April for the alleged gunman who plans to claim self-defense in the shooting of two southern Indiana judges last year.

Man’s 6-year sentence affirmed in fatal teen car wreck case

March 9, 2020 | Katie Stancombe

While hanging out one evening at a playground in 2017, five Indianapolis teenagers got into an argument with two women nearby who were searching for a drone owned by Daniel Cannon. When asked if they wanted to fight, the teens got back into their vehicle, drove toward the women as if to hit them, and then moved on to the street.

COA dismisses man’s appeal in adoption dispute

March 9, 2020 | Katie Stancombe

A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.

7th Circuit: Litigious inmate’s transfer not retaliation

March 9, 2020 | Katie Stancombe

An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7^th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.

COA reverses contempt finding against vet for nonpayment in divorce dispute

March 6, 2020 | Marilyn Odendahl

The goal of harmonizing provisions between conflicting provisions in a divorce settlement led the Indiana Court of Appeals to find a military veteran should not have been held in contempt for discontinuing monetary support to his former wife.

COA: Probation revocation after guilty plea should be challenged with PCR, not direct appeal

March 6, 2020 | Katie Stancombe

The Indiana Court of Appeals has dismissed a man’s appeal of his probation revocation and related drug conviction, finding his claim could not be presented on direct appeal but must be presented in a petition for post-conviction relief because he pleaded guilty.

Mineral-rich property transfers void in siblings’ trust dispute

March 6, 2020 | Katie Stancombe

A dispute between step-siblings over profitable real estate did not result in the brother’s favor Friday, when the Indiana Court of Appeals found a trial court did not clearly err in declaring transfers of the property to him as void ab initio.

Justices certify, recertify senior judges

March 6, 2020 | IL Staff

The Indiana Supreme Court has certified and recertified several senior judges for 2020 and 2021.

Schumer: I ‘should not have used’ critical words on justices

March 6, 2020 | Associated Press

Senate Democratic leader Chuck Schumer said Thursday he “should not have used the words I used” when he declared at a rally in front of the Supreme Court that two justices would “pay the price” for their decision in an abortion case.

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