Indiana Supreme Court affirms court’s resentencing of man to life without parole for torture, murder
The Indiana Supreme Court affirmed a resentencing court’s life without parole sentence for a man who tortured and murdered a woman in 1995.
Greene County
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Web Exclusive: Spotlight: Greene Circuit Judge Erik Allen
The law has always been part of Greene Circuit Judge Erik “Chip” Allen’s life in some form or another.
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Articles
COA allows suppression of drugs found in purse based on constitutional violations
A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.
Prosecutor: Greene Co. police chief justified in fatal shooting
A southwestern Indiana police chief was justified when he fatally shot a man in April who was threatening people while armed with a knife, a prosecutor said.
Ex-band director’s texts to student splits COA on ‘harmful to minors’ debate
The Court of Appeals of Indiana has split on an internet-related issue in a case involving harmful content for minors after an ex-band director was handed a felony charge for text messages he sent to a former student.
COA: Trial court erred in allowing opinion testimony during child molesting case, but didn’t commit fundamental error
A trial court erred in admitting opinion testimony by a detective during a child molesting case, but it wasn’t enough to establish fundamental error, the Indiana Court of Appeals has ruled.
Justices: Officers that detect odor of raw marijuana may establish probable cause based on ‘training and experience’
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.
15 IU McKinney, Maurer students selected for third year of rural justice program
More than a dozen students from Indiana University Robert H. McKinney School of Law and Indiana University Maurer School of Law will take part in a program for law students this summer to assist rural county judges.
Indiana boy, 14, killed cousin, her boyfriend, then himself
A 14-year-old southern Indiana boy found dead in a home along with his cousin and her boyfriend fatally shot the pair before he turned the gun on himself, authorities said.
Huntington Co. prosecutor to lead prosecutors’ association in 2021
Huntington County Prosecutor Amy Richison will serve as president of the Association of Indiana Prosecuting Attorneys Inc. in 2021, the Indiana Prosecuting Attorneys Council has announced.
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.
CHINS finding reversed; mother’s marijuana use alone insufficient
The Indiana Court of Appeals has reversed a child in need of services finding after concluding that the child’s mother, while admitting to using marijuana, was not proven to have used it in the child’s presence or seriously endangered the child as a result.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Ex-deputy prosecutor who retaliated against detective suspended
A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.
Tippecanoe Co. prosecutor to lead prosecutors’ association
Tippecanoe County Prosecutor Patrick Harrington will serve as president of the Association of Indiana Prosecuting Attorneys Inc. in 2020 following his recent election to the post.
Former IPAC leader Powell honored with award in his name
Longtime head of the Indiana Prosecuting Attorneys Council Dave Powell has been honored by the association he used to lead, receiving one award at the annual winter conference and having a second award renamed in his honor.
Adoption decree reversed over finding that mom’s consent not required
The Indiana Court of Appeals on Thursday reversed and vacated an adoption petition for a 4-year-old Greene County child, finding the trial court erred in determining that the mother’s consent to the adoption by the child’s father and stepmother was not required.
IPAC chief Powell stepping down in October; successor chosen
A new leader has been selected to head the Indiana Prosecuting Attorneys Council as longtime executive director David Powell announced his retirement from the role Thursday. Powell has been a leading Statehouse voice advocating on criminal law matters for nearly a decade.
COA affirms attempted murder conviction on second appeal
A man twice convicted of attempted murder has failed to convince the Indiana Court of Appeals to again reverse and remand his conviction after filing three appellate challenges to his conviction within two years.
Indiana Court Decisions — March 15-28, 2018
7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]
Divided Supreme Court: Mother was justified in not communicating with child for a year
Despite her failure to significantly communicate with her child for a one-year period, a Greene County mother’s consent to the child’s adoption was required because she spent that year working toward recovery from a drug addiction, a majority of Indiana Supreme Court justices have ruled.