Appeals court affirms town’s annexation ordinance is void
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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COA: Judge’s comments do not require dismissal of charges
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
Opinions June 16, 2016
Indiana Supreme Court
Thomas L. Hale v. State of Indiana
35S02-1601-CR-37
Criminal. Reverses conviction of dealing in methamphetamine, holding that the trial court abused its discretion by failing to grant Hale depositions of two state witnesses at public expense. Advises trial courts denying an indigent defendant’s motion to depose state witnesses at public expense should issue findings supporting the denial.
Justices toss meth conviction, advise courts on indigent depositions
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
COA upholds kidnapper’s sex offender status
A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.
Senate committee unanimously supports Ong nomination
Winfield Ong received the support of the U.S. Senate Judiciary Committee Thursday to fill the vacancy on the U.S. District Court for the Southern District of Indiana. On a voice vote, the committee unanimously approved Ong’s nomination.
Baby box founder undeterred by warning, plans defense fund
The founder of an organization that has installed boxes where mothers can leave unwanted infants is undeterred by a warning from Indiana that they are illegal and intends to make sure more mothers have protected access to them.
Southern Indiana police department to ditch body cams
A southern Indiana police department will stop using body cameras because the chief thinks a new law will let too many people view the footage.
Law requires tougher standards for Great Lakes pipelines
Congress has ordered stronger safety measures for pipelines carrying oil and other fuels in the Great Lakes region.
Iran files suit against US in world court over frozen assets
Iran has filed a lawsuit with the International Court of Justice to recover $2 billion worth of frozen assets the U.S. Supreme Court awarded to victims of a 1983 bombing in Lebanon and other attacks linked to Iran.
Opinions June 15, 2016
Indiana Court of Appeals
Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc.
49A02-1508-PL-1312
Civil plenary. Affirms summary judgment for Wabash Valley Power Association after Northeastern Rural Electric Membership Corp. challenged Wabash’s statute of limitations defense. Finds that the breach of contract would have happened in 2004, when Wabash switched regulations from state to federal and not 2008, when Wabash’s rates began to increase.
City liable for sign firm’s damages, judge rules
Indiana billboard company GEFT Outdoor LLC expects to seek millions of dollars in damages from the city of Indianapolis after a federal judge ruled that the city’s former sign ordinance was unconstitutional.
‘Stairway’ trial opens with questions about obscure ‘Taurus’
The trial over whether Led Zeppelin’s Jimmy Page and Robert Plant stole the iconic opening riff to “Stairway to Heaven" opened with testimony about when the British rockers might have heard the 1968 song they’re accused of copying.
Statute of limitations bars rate hike claim
The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.
Police: Man going to gay pride event had rigged magazines
Police found a loaded assault rifle with magazines rigged to allow 60 shots to be fired in quick succession, along with 15 pounds of chemicals mixed and ready to explode in the car of an Indiana man who said he was headed to a gay pride event, authorities revealed Tuesday.
Prosecutor bumps Stanford sex assault judge from new case
A Northern California judge at the center of a recall campaign after his handling of a Stanford University sexual assault case was removed from a new sexual assault case Tuesday by the local district attorney.
Home Depot: US credit card firms slow to upgrade security
Visa and MasterCard are using security measures prone to fraud, putting retailers and customers at risk of hacking attacks by cyber thieves, The Home Depot Inc. says in a new federal lawsuit.
7th Circuit: Man did not need Miranda warnings
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
Ready to rock out at Zeppelin ‘Stairway’ trial? Try sheet music
Anyone with internet access can listen for themselves to whether Led Zeppelin’s opening “Stairway to Heaven” riff rips off a song recorded three years earlier. But the jury deciding the fate of the rock masterpiece — and its millions of dollars in royalties — won’t hear a simple mash-up with the obscure 1968 instrumental “Taurus” by the group Spirit.
Escort’s book publisher, author countersue Louisville students
The publisher and co-author of escort Katina Powell's book alleging that former University of Louisville men's basketball staffer Andre McGee hired her and other dancers for sex parties at the team's dormitory have countersued a group of Louisville students, saying they attempted to "extort" a monetary settlement in their action alleging Powell and the book devalued their education.