Courts

COA advice: Leave affirmation out of jury instructions

August 23, 2016
Dave Stafford
A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”
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Feds: Charleston church shooting suspect 'self-radicalized'

August 23, 2016
 Associated Press
A white man charged with the shooting deaths of nine black churchgoers in Charleston "self-radicalized" in the months before the attack and grew more entrenched in his beliefs in white supremacy, according to court papers prosecutors filed this week in federal court.
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Ex-Fox News host sues Roger Ailes, others

August 23, 2016
 Associated Press
Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.
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Was painting by famed living artist? US judge to decide

August 23, 2016
 Associated Press
A federal judge in Chicago is set to issue a verdict in a peculiar civil trial over a celebrated Scottish-born artist's insistence that he did not paint a landscape work that was once valued at more than $10 million.
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Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds

August 22, 2016
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
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City owes man legal fees for ‘meritless, possibly frivolous’ case

August 22, 2016
Dave Stafford
The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.
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Angie's List agrees to settle class-action suit for $1.4 million

August 22, 2016
Jared Council, IBJ Staff
Angie's List Inc. has agreed to pay $1.4 million to settle a class-action lawsuit claiming it manipulated search results and ratings to favor advertisers—claims that the home-services company denies.
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Appeals panel overturns man’s trespass conviction

August 22, 2016
Dave Stafford
An Indianapolis man who had lived with his father with the consent of the senior apartment complex where he resided should not have been convicted of trespass after he was ordered to leave, the Indiana Court of Appeals ruled in overturning a bench trial verdict.
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Groups cite inadequate funds to defend death row inmate

August 22, 2016
 Associated Press
Five legal groups are supporting a Missouri death row inmate, whose execution was halted hours before it was to be carried out in 2014, saying that he can't receive an adequate defense with the money allocated.
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Judge in Texas temporarily blocks Obama's transgender rules

August 22, 2016
 Associated Press
A federal judge in Austin, Texas, is blocking for now the Obama administration's directive to U.S. public schools that transgender students must be allowed to use the bathrooms and locker rooms consistent with their chosen gender identity.
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Terre Haute man charged with robbing 'Pokemon Go' players

August 22, 2016
 Associated Press
Police have arrested a Terre Haute man in connection with a "Pokemon Go" robbery on the Indiana State University campus.
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Attorneys argue Indiana death penalty unconstitutional

August 22, 2016
 Associated Press
Attorneys for a Lake County man who faces charges in the deaths of seven women have argued in court filings that the state of Indiana's death penalty law is unconstitutional.
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Dissent: PO reversal ‘insulates’ domestic violence perpetrators

August 19, 2016
Dave Stafford
An ex-husband’s actions that prompted a woman to get a protective order against him did not constitute stalking or threatening behavior sufficient to warrant the court order, the majority of an Indiana Court of Appeals panel ruled Friday. A dissenting judge warned the holding “insulates perpetrators of domestic violence” who threaten friends or associates of former partners.
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Carmel doctor found not guilty of charges from 2014 DEA raid

August 19, 2016
 Associated Press, IL Staff
A Carmel doctor has been found not guilty of charges stemming from a high-profile Drug Enforcement Administration raid involving several medical clinics.
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Imam, Islamic Society entitled to fees from deposed member

August 19, 2016
Dave Stafford
A man who was drummed out of the Islamic Society of Michiana’s board of directors filed a combative, confusing brief demonstrating bad faith when he appealed a trial court’s dismissal of his pro se suit seeking $5.2 million in damages. Now he’s on the hook for damages.
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COA: Live-in girlfriend asked to leave didn’t trespass

August 19, 2016
Dave Stafford
A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.
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Supreme Court creates senior judge committee

August 19, 2016
IL Staff
The Indiana Supreme Court has established a senior judge committee tasked with finding new ways veteran jurists can assist state courts.
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Former wrestling coach gets 10 years for videotaping boys

August 19, 2016
 Associated Press
A former northern Indiana teacher and wrestling coach will serve 10 years in prison after pleading guilty to charges alleging he videotaped naked boys in a locker room.
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COA: No error in admitting post-accident reports at negligence trial

August 18, 2016
Jennifer Nelson
Dealing with the question for the first time in a negligence case involving a fired truck driver, the Indiana Court of Appeals decided that a post-incident investigation is not an inadmissible subsequent remedial measure.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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Jay County man gets 65 years for murder of 5-week-old girl

August 18, 2016
 Associated Press
An eastern Indiana man convicted of killing his girlfriend's 5-week-old daughter by slamming her head into pavement has been sentenced to 65 years in prison.
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Muslim inmate sues central Indiana sheriff over halal diet

August 18, 2016
 Associated Press, IL Staff
A Muslim inmate is using Indiana's religious freedom statute in part to sue a central Indiana sheriff for denying him a diet that follows Islamic dietary laws.
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COA blasts DCS’ lack of action in CHINS case

August 18, 2016
Jennifer Nelson
The Indiana Court of Appeals in a child in need of services case questioned why the Department of Child Services was able to not comply with multiple court orders and face no consequences from the juvenile court.
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Warrantless inventory search of vehicle not unreasonable, COA holds

August 17, 2016
Jennifer Nelson
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
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Gold medal swimmers Lochte, Feigen ordered to stay in Brazil

August 17, 2016
 Bloomberg News
A Brazilian judge has issued an order to seize the passports of U.S. swimmers Ryan Lochte and James Feigen as part of an investigation into an alleged armed robbery that targeted the athletes on Sunday.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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