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Opinions Aug. 29, 2019

August 29, 2019

Indiana Court of Appeals
Damoine Wilcoxson v. State of Indiana
18A-CR-1882
Criminal. Affirms Damoine Wilcoxson’s convictions of attempted murder and Level 5 felony criminal recklessness. Finds the Marion Superior Court should have entered two attempted murder convictions and sentenced Wilcoxson accordingly. Also finds the trial court did not err in the admission of evidence. Remands for the entry of a conviction and sentence on the second count of attempted murder.

Res judicata clarification allows CHINS finding to stand

August 29, 2019 | Marilyn Odendahl

In granting a petition on rehearing, the Indiana Court of Appeals reversed its earlier ruling and allowed the Department of Child Services to move forward with a new child in need of services petition even though the filing relied on allegations made in a previous CHINS petition that had been overturned.

COA affirms IMPD shooting conviction, splits attempted murder counts

August 29, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s conviction for shooting up two Indianapolis Metropolitan Police Department buildings, but reversed the merger of his two attempted murder convictions into one count.

Reversal: Man who injected wife with drugs can’t be charged with felony murder

August 29, 2019 | Katie Stancombe

A man alleged to have killed his wife after she died from a narcotic drug injection he administered cannot be charged with felony murder, the Indiana Court of Appeals ruled Thursday.

Indiana just days away from legalized sports betting

August 29, 2019 | Associated Press

Sports betting is days away from becoming legal in Indiana and the state’s casinos are lining up to start collecting wagers. Indiana will become the 12th state — and the first in the midst of major Midwest markets — with sports betting when a new state law takes effect Sunday.

Pence touts Trump military, vets record during Indianapolis visit

August 29, 2019 | Associated Press

Vice President Mike Pence touted the achievements of President Donald Trump in building up the military and improving veterans’ benefits to the American Legion’s national convention.

Vigo County man says police used excessive force in his arrest

August 29, 2019 | Associated Press

A western Indiana man is suing local police, alleging they violated his civil rights when they arrested him last year. Fifty-year-old Jon Chris McKinney contends a Vigo County Sheriff’s deputy used excessive force while arresting him in April 2018.

Late lawmaker’s husband convicted in attorney’s slaying

August 29, 2019 | Associated Press

A Lake Criminal Court jury returned a guilty verdict Wednesday in the murder case against William Landske, widower of the late Republican state Sen. Sue Landske of Cedar Lake. The 84-year-old faces about 40-60 years in prison when sentenced Oct. 3 for the death of 64-year-old attorney T. Edward Page, of Hobart. 

St. Joseph Co. probation worker allegedly sold clean drug screenings

August 29, 2019 | Associated Press

An employee with a northern Indiana probation department allegedly sold clean drug screenings to people on probation. Thirty-four-year-old Raymontow Davis was charged Wednesday with bribery and official misconduct. He’s being held without bond, pending a Thursday initial hearing.

7th Circuit: Indiana voter purge provision violates federal law

August 28, 2019 | Marilyn Odendahl

In a ruling that reminded Indiana of the need to protect the integrity of the voting process, the 7th Circuit Court of Appeals blocked the state from kicking individuals off the voter rolls based solely on a match in the Crosscheck database.

Man accused of strangling mom found incompetent for trial

August 28, 2019

A judge has ruled a Fort Wayne man who told police that he was possessed by demons and Adolf Hitler when he allegedly strangled his mother isn’t competent to stand trial.

Opinions Aug. 28, 2019

August 28, 2019

The following 7th Circuit Court of Appeals decisions were posted after IL deadline Tuesday:
Common Cause Indiana, Indiana State Conference of the National Association for the Advancement of Colored People, and League of Women Voters of Indiana, Inc., v. Connie Lawson, in her official capacity as Secretary of State of Indiana, et al.
18-2491 and 18-2492
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the preliminary injunction blocking Indiana from removing voters from the state’s voter rolls without directly contacting the individuals. Finds Senate Enrolled Act 442, which permitted Indiana to rely solely on the Crosscheck database to purge voters, violated the National Voter Registration Act’s requirement that the state must either confirm with the voter that he or she has moved out of state or, if contact cannot be made, must not remove the name unless the state can show the person did not vote or appear to vote between the time the notification was sent and the date after the second general election for federal office. Judge Michael Brennan writes a concurring opinion that the nonprofits bringing the lawsuits do have standing under Article III.

 

COA orders sewer dispute to be ‘plunged’ from docket

August 28, 2019 | Olivia Covington

The Indiana Court of Appeals urged litigants to “move on in good faith” from a case that is a “waste of everyone’s resources” as it handed down its second decision in a nearly 20-year sewer dispute between a northern Indiana town and a local real estate owner.

Divided COA voids casino tax-sharing agreement

August 28, 2019 | Katie Stancombe

A city and county’s agreement to share tax revenue from a southeastern Indiana riverboat casino is void, an Indiana Court of Appeals majority ruled, but a dissenting judge held that the agreement should continue.

COA: 100-year sentence for juvenile not a constitutional violation

August 28, 2019 | Marilyn Odendahl

A DeKalb County man who as a juvenile pleaded guilty to two murders and was sent to prison for an aggregate 100 years was denied post-conviction relief after the Indiana Court of Appeals found his sentence did not violate constitutional protections against cruel and unusual punishment because he will be eligible for parole in 2040.

COA reinstates car seller’s defamation, breach suit  

August 28, 2019 | Katie Stancombe

An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.

7th Circuit upholds firearms convictions, sentence despite evidence error

August 28, 2019 | Olivia Covington

Though the district court erred in admitting certain evidence without allowing a defendant to cross-examine the related witnesses, the 7th Circuit Court of Appeals still upheld that defendant’s firearms convictions and sentence Tuesday.

Prosecutors want boy, 15, tried as adult in slayings

August 28, 2019 | Associated Press

Prosecutors want to try a 15-year-old Indianapolis boy as an adult in last week’s fatal shootings of two teenage siblings.

Woman freed after murder conviction vacated in 2001 slaying

August 28, 2019 | Associated Press and IL Staff

An Indiana woman who successfully argued she had ineffective legal counsel at her murder trial for the 2001 slaying of her boyfriend in Lafayette during a sex game has been released.

Ban on Indiana abortion parental notification law upheld

August 28, 2019 | Dave Stafford

A federal appeals court has upheld an injunction blocking a 2017 Indiana law that would have required parental notification for mature minors seeking an abortion. One member of the three-judge panel dissented, however, and would have allowed the law to take effect.

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In This Issue

  • Can ChatGPT practice law? OpenAI faces first-of-its-kind lawsuit in Illinois.

  • RICO suit vs. Lilly could reap billions if successful

  • Indiana-based pork producer agrees to settlement in wage-related lawsuit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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