Indiana trooper won’t be charged in fatal shooting of man
CRAWFORDSVILLE, Ind. (AP) — A state trooper won't be charged in the fatal shooting of a man along a western Indiana highway.
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Michael Cohen sought Trump pardon, attorney says
WASHINGTON (AP) — Michael Cohen, President Donald Trump's former lawyer, "directed his attorney" to explore a potential presidential pardon last year with Trump's legal team. That's according to a statement Thursday by Lanny Davis, Cohen's current attorney.
Statehouse considering two abortion bills while court challenges loom
With petitions still pending at the U.S. Supreme Court over Indiana’s 2016 abortion law, two new anti-abortion bills are moving through the Statehouse and at least one, if it becomes law, could drag the state back into court for a new battle.
Bills targeting revenge porn advancing in Statehouse
In the past year, attorney Alex Beeman has received some 36 calls from individuals impacted by revenge porn. That adds up to at least three requests per month asking how they can navigate a potentially life-altering situation.
Bills for new Howard, Tippecanoe judicial officers advance
Two of four House measures in the Senate that would bring judicial relief to some Indiana counties were given the go-ahead to proceed Wednesday, but two other bills have yet to move forward.
Opinions March 6, 2019
Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: S.S. (Minor Child) and L.M. (Mother) and Sa.S. (Father) v. The Indiana Department of Child Services
18A-JT-2370
Juvenile Termination. Affirms the termination of L.M. and Sa.S.’s parental rights to their child, S.S. Finds the White Circuit Court did not err in terminating either mother or father’s parental rights. Finds the juvenile court did not err in its determination of S.S.’s best interests.
Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Judge sanctions lawyer, ex-DOC nurse in inmate abuse case
After declaring her trust in the statements submitted by defendants in prisoner litigation cases “shattered,” a federal judge imposed sanctions — some as as severe as default judgment — on a former prison nurse and her attorney accused of misconduct as serious as perjury.
Judgment awarded to Southport, police officials in legal feud with city councilwoman
The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.
Former Elkhart sheriff captain charged with false informing
Prosecutors charged 49-year-old James Bradberry on Tuesday with three counts of false informing. Prosecutors allege the former captain concealed information about Elkhart County Sheriff’s Department employees who are accused of collecting $45,000 for hours they didn’t work between 2014 and 2017.
Indianapolis woman faces charges after 2-month-old’s death
Indianapolis police say a 36-year-old woman faces preliminary neglect charges after her 2-month-old daughter died. Police said Wednesday that officers performing a welfare check found Rachel McAfee and her baby, Emma McAfee, in a vehicle Tuesday afternoon, and the baby was pronounced dead at the scene.
Indiana man pleads not guilty to murder in Illinois court
An Indiana man has pleaded not guilty to murder charges accusing him of killing a woman in Illinois more than four years ago. Connor W. Scott is accused of killing 20-year-old Kaylyn Whitaker of Terre Haute at Scott’s then-home in Martinsville, Illinois.
Terre Haute man pleads guilty to shooting death of teen
Terre Haute man has pleaded guilty to reckless homicide in the shooting death of a high school student during a party. Nathan Derickson, who was 19 at the time of the shooting of 17-year-old William Garett Sands last March 28, agreed to a plea deal Tuesday that caps his sentence at 10 years.
Majority justices grant PCR to ‘Dreamer;’ dissent calls ruling ‘bridge too far’
A Mexican immigrant who was living in the United States under the Deferred Action on Childhood Arrivals policy and who was deported after pleading guilty to misdemeanor charges has won relief from the Indiana Supreme Court, which overturned the denial of post-conviction relief in a divided opinion Tuesday.
As marijuana bills die, hemp legislation raises concerns
Despite previous optimism among pro-marijuana lawmakers for the issue to have a higher chance of success during the 2019 legislative session, numerous-marijuana related bills faltered, most not even receiving a hearing in committee to move forward before the deadline for bills to be approved had passed.
Opinions March 5, 2019
Indiana Supreme Court
Angelo Bobadilla v. State of Indiana
19S-PC-128
Post-conviction. Reverses the denial of deported immigrant Angelo Bobadilla’s petition for post-conviction relief alleging his trial counsel was ineffective for failing to properly advise him of the immigration consequences of a misdemeanor guilty plea. Finds Bobadilla’s trial counsel was ineffective, and Bobadilla was prejudiced by his counsel’s performance. Also finds the record shows a reasonable probability that had Bobadilla known the full immigration consequences of his plea agreement, he would have rejected the plea bargain and instead insisted on going to trial. Remands for further proceedings. Justice Mark Massa dissents with separate opinion joined by Justice Geoffrey Slaughter.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.