Articles

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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Legislative Council recommends adoption of sexual harassment policy

Top Republican and Democratic lawmakers voted Tuesday afternoon to recommend that the General Assembly adopt a new sexual harassment policy when it convenes next year. The Legislative Council unanimously approved the guidelines to combat sexual harassment at the Indiana Statehouse, but the policy will still undergo review by the ethics committees in the House and Senate and require approval from both chambers.

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Top legislators say no forcing out AG Hill

Top Republican legislative leaders don’t expect lawmakers will take any action toward removing state Attorney General Curtis Hill from office even though the governor and other state officials have called on him to resign over allegations that he drunkenly groped four women during a party.

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Indiana lawmakers move forward with hate crime bill

Two Republican state lawmakers have released draft legislation that would address Indiana’s lack of a hate crimes law by giving judges the ability to consider bias as an aggravating factor when considering prison sentences.

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High chance for medical marijuana debate at statehouse

For proponents of medical marijuana, optimism was sparked when Indiana legalized CBD oil earlier this year. With that door opened, legislators in both parties are hopeful that success will boost their chances of getting a hearing on medical marijuana bills they will file in the 2019 legislative session.

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Attorney couple seeking changes for Indiana foster parents

Indianapolis attorneys Joe Delamater, a criminal defense lawyer at Razumich & Delamater PC, and Kiamesha Colom, a partner at Taft Stettinius & Hollister LLP, encountered confusion, frustration and ultimately heartbreak during the course of a few months when they became foster parents to a baby boy. Now they are pushing for changes to state laws they say will balance the system so the right results happen for kids.

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Porter County begins counting votes after delay

The commissioners in a northwestern Indiana county plagued by a mix of Election Day problems asked the FBI on Wednesday to investigate what they called “scores of alleged violations of Indiana Election Law” reported following Tuesday’s election. Porter County officials did not begin counting votes until Wednesday morning, more than 15 hours after the first polling places closed.

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Appellate court says preferred venue statute is void

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

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Election recap: Braun win, Delph loss among top Indiana stories

On an election night in which Democrats took control of the U.S. House of Representatives and Republicans appeared to tighten their hold on the Senate, Indiana stayed reliably red, with Republicans winning seven of nine House seats and challenger Mike Braun defeating incumbent Democratic Sen. Joe Donnelly. But in one of the biggest Election Day upsets, longtime Republican state Sen. Mike Delph lost the Statehouse seat he has held since 2005.

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