Articles

Holcomb remains against legalizing marijuana

Indiana Gov. Eric Holcomb remains opposed to efforts by state lawmakers to allow medical or recreational marijuana in the state, even as such uses are becoming legal in a growing number of other states.

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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.

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DCS, schools seeking more funds in 2019 legislative session

Among the biggest issues the 2019 General Assembly will have to contend with is the Department of Child Services, which is still reeling after a tumultuous year that saw a leader abruptly resign and a national group identify several shortcomings in the department’s operations. Gov. Eric Holcomb is calling on lawmakers to devote significant financial resources to the struggling department, and all four legislative leaders say their caucuses plan to make DCS a top priority.

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New rule: Pence, lawyer Congress members exempt from CLE

Indiana lawyers who are members of Congress, senators or vice president no longer have to worry about meeting continuing legal education requirements under a rule adopted this week by the Indiana Supreme Court. The new rule also decreases CLE credits required for state lawmakers who are attorneys.

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On remand, divided COA again allows modification of fixed-plea sentence

A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.

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Fight over Indiana abortion law still waiting at U.S. Supreme Court

While the Supreme Court of the United States has yet to agree to hear an abortion rights case this term, a petition from Indiana regarding its law regulating the disposal of fetal remains and prohibiting women from terminating their pregnancies based on race, sex or disability remains under consideration. Indiana filed a writ of certiorari after the 7th Circuit Court of Appeals upheld a preliminary injunction against 2016's House Enrolled Act 1337.

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DCS budget could grow significantly next year

The Indiana Department of Child Services is requesting a 42 percent increase in its budget next year compared to the funding it was designated to receive this year in the previous budget cycle. The proposed budget from DCS would include $965 million from the state’s general fund per year for the next two fiscal years. 

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Appellate courts seek extra $1M for legal aid, technology

Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.

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Judge strikes lethal injection secrecy law, says lawmakers ‘overstepped’

The Indiana Department of Correction has again lost a suit in which it argues to keep secret the drugs it would use in a lethal injection. The judge in the case extraordinarily outlined how the DOC, the governor’s office, and the Indiana General Assembly appeared to directly undermine her order that the department disclose the drugs it might use in a potential execution.

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