Justices amend public access rules to seal sensitive records
The Indiana Supreme Court has approved amendments to the state’s public access rules to protect certain sensitive records from public view.
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Articles
Man gets 115 years for killing Goshen professor, wounding wife
An Indiana man has been sentenced to 115 years in prison for fatally stabbing a Goshen College professor and leaving the man’s wife with nearly two dozen stab wounds during a home invasion in 2011.
COA affirms judgment to Menard, Inc. following motorcycle crash
The Indiana Court of Appeals has affirmed a judgment favoring Menard, Inc. following a Southern Indiana motorcycle crash that occurred when a couple hit a wooden pallet in the middle of the road, injuring one rider.
Justices reverse, remand denial of expungement petition
A trial court has been ordered to reconsider its decision to deny a man his petition for expungement of a crime he committed nearly 20 years ago after the Indiana Supreme Court found him to be eligible.
Man loses constitutionality appeal of child-porn conviction
Indiana’s child pornography statute is not unconstitutionally vague, the Indiana Court of Appeals ruled Wednesday, rejecting a northern Indiana man’s challenge to his conviction. The appeals court also found the evidence against the defendant was supported a jury’s guilty verdict.
Acting to ensure integrity: New prosecutor’s unit to investigate wrongful conviction claims
Marion County Prosecutor Ryan Mears announced this month that his office will establish the Conviction Integrity Unit in early 2021 to prevent, identify and correct wrongful convictions. The new unit will consist of one attorney, an investigator and a paralegal and be the first of its kind in Indiana, according to the National Registry of Exonerations.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
Appeals court affirms termination of mother’s parental rights
A Marion County mother has failed to convince the Indiana Court of Appeals that her parental rights over her 13-year-old daughter should be reinstated.
Split COA tosses habitual offender enhancement after car theft, police chase
A man convicted on multiple charges related to a stolen vehicle and a police chase did not convince the Indiana Court of Appeals to overturn his unlawful possession of a firearm conviction, though a majority of judges did toss his habitual offender enhancement. A dissenting judge, however, would have let the enhancement stand.
Justices reverse, remand for new trial in theft case
Indiana Supreme Court justices on Friday reversed a $350,000 verdict and attorney fee award for a Monroe County woman, remanding the case for a new trial on her theft claims.
In 1st impression case, COA says officers must explain training to get warrants based on drug odors
The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
COA reversal affirms charges but judge calls out ‘arbitrary’ traffic stops
Incriminating evidence found when two separate drivers were stopped for failing to signal a turn in advance can be used against them, the Indiana Court of Appeals has ruled, though one judge is calling on the Legislature to review traffic laws that lead to “arbitrary” traffic stops.
Authorities: Video contradicts account of murder suspect’s escape
Video of a murder suspect’s escape from a security company’s transport van contradicts the driver’s story that the man jumped through an open window while the vehicle was stopped at a McDonald’s in Indiana, authorities say.
US Supreme Court reinstates Arizona inmate’s death sentence
The U.S. Supreme Court has reinstated the death sentence for an Arizona prison inmate convicted of killing a man during a 1994 robbery in Yavapai County, state prosecutors said Tuesday.
COA affirms denial of motion to suppress in child porn case
The Indiana Court of Appeals has affirmed the denial of a Dubois County man’s second motion to suppress evidence found on a hard drive he owned that tied him to charges of child pornography.
After 7th Circuit, SCOTUS rulings, US carries out rare presidential transition execution
The Trump administration Thursday carried out its ninth federal execution of the year in what has been a first series of executions during a presidential lame-duck period in 130 years. A Texas street-gang member was put to death at at the US Penitentiary in Terre Haute for the slayings of a religious couple from Iowa more than two decades ago.
COA: Intelligence text exclusion not abuse of discretion in residential entry case
The Indiana Court of Appeals has affirmed a Lawrence County man’s residential entry conviction, finding the exclusion of his psychological assessment from evidence was not an abuse of discretion.
Inmate scheduled for Thursday execution asks 7th Circuit for a stay
With mere hours left before his scheduled execution, Brandon Bernard is awaiting a decision from the 7th Circuit Court of Appeals that could delay his death by lethal injection.
IndyBar: Professional and Technical Civility in Electronic Discovery — Five Tips on How to Avoid a “Discovery War”
Electronic discovery — like discovery generally — can bring out the best and the worst in lawyers, potentially turning any discovery dispute into a full-blown “discovery war.” But it doesn’t have to be this way! It’s possible to navigate the process in an amicable manner without losing sight of your client’s needs. Here are five suggestions for promoting professional and technical civility in the e-discovery process.
Justices put off case over access to Russia probe grand jury
The U.S. Supreme Court is putting off upcoming arguments about whether Congress should have access to secret grand jury testimony from special counsel Robert Mueller’s Russia investigation.