Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
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Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
Indy firm leads team winning $25M Missouri telecom settlement
A seven-year court battle between Missouri landowners and a telecom company that strung fiber-optic cable across 796 miles of private property without permission or compensation has concluded with a $25 million settlement negotiated by a legal team led by an Indianapolis law firm.
Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
COA to hear commitment case Monday in Fishers
The Indiana Court of Appeals will hear argument next week in a case involving an involuntary mental health commitment that was not signed by the presiding judge.
School closing postpones traveling oral argument
A school closing due to winter weather postponed an oral argument that had been scheduled for Thursday on the north side of Indianapolis. The closing of North Central High School forced the rescheduling of oral arguments in Jazzmen Bails v. State of Indiana, and a new date and location was not immediately available.
COA to hear cases at Ivy Tech Columbus, North Central
The Indiana Court of Appeals will hear traveling arguments in two cases this week, starting Tuesday in Bartholomew County with a case involving a drug-dealing conviction.
Missouri tour boat captain indicted after sinking kills 17
Kenneth Scott McKee, the captain of a tourist boat that sank in southwest Missouri and killed 17 people, including nine members of an Indianapolis family, didn’t tell passengers to put on flotation devices or prepare them to abandon ship even after waves crashed into the boat during a severe storm, according to an indictment released Thursday. McKee faces 17 counts of misconduct, negligence or inattention to duty by a ship’s officer resulting in death.
Bank robbers disguised in ’70s garb to be resentenced
The 7th Circuit Court of Appeals reversed three men’s attempted robbery convictions for lack of evidence but affirmed their remaining convictions and ordered them resentenced. The men were accused of robbing several Indianapolis-area financial institutions donned in 1970s apparel.
$1 million DOJ community grant awarded to Indy’s east side
The City of Indianapolis has received another grant from the Department of Justice aimed at reducing violent crime. Announced by Mayor Joe Hogsett and Indiana Southern District U.S. Attorney Josh Minkler on Wednesday, the Community Based Crime Reduction grant is designed to assist in efforts to eliminate gun violence and crime on Indianapolis’ east side.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
COA upholds admission of evidence after warrantless car search
The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.
Man gets 120 years for killing 2 women in Indianapolis
A Gary man has been sentenced to 120 years in prison after being convicted of shooting and killing two women whose bodies were discovered in a burning car in Indianapolis.
2 convicted in killings of 3 during drug-related robbery
Two young men have been convicted in connection with the 2017 drug-related robbery and fatal shootings of three men in an Indianapolis apartment. The Marion County Prosecutor’s Office announced Monday that Troy Ward was convicted of c three counts of murder and three counts of felony murder, while Martell Williams was convicted of charges including three counts of felony murder, among other convictions for both.
Attorney-photographer loses suit against IPAC director
A McCordsville attorney and hobbyist photographer who has sued dozens of people for the alleged infringement of his photo of the Indianapolis skyline has lost key rulings in the most recent order in his various cases.
Justices won’t hear Indy historic district construction appeal
The Indiana Supreme Court last week denied an appeal from eight members of the Lockerbie Glove Factory Town Home Owners Association who are challenging a construction project in a downtown Indianapolis historic district.
Indianapolis Archdiocese says charge against priest credible
The Catholic Archdiocese of Indianapolis says a sexual misconduct allegation against a priest has been found “credible.”
Authorities investigating Marion County Jail inmate’s death
Authorities are investigating the death of an inmate who was found unresponsive in his Marion County Jail cell. A 33-year-old man was found unresponsive by jail staff Saturday.
Marion County jury to hear capital case in Fort Wayne
Jurors from Marion County will hear the case of a Fort Wayne man facing death penalty charges stemming from the deaths of four people.
COA: No error in calculating $35K in attorney’s fees
The Indiana Court of Appeals affirmed the award of more than $35,000 in attorney’s fees, despite a lawyer’s argument that the amount awarded to a plaintiff in an employment suit was miscalculated.