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A father who feared his hostile relationship with his children’s grandparent guardians would prevent him from having visitation with his kids won a reversal of an order stating parenting time would be “agreed upon by the parties.”
Judgment for a woman who was sent two debt collection notices by email has been affirmed by the 7th Circuit Court of Appeals, which found the emails did not contain statutorily required disclosures.
Two Indiana Court of Appeals judges are being recognized this month by members of the Indiana legal community.
A federal agency has awarded Indiana $8.4 million to help fight the opioid epidemic by boosting access to substance abuse treatment and mental health services.
An Anderson man faces a murder charge and two feticide counts after alleging shooting his pregnant girlfriend in the back of her head, leading to the deaths of both of her unborn male twins.
A 75-year-old self-described retired drag queen has been sentenced to 20 years in prison for fatally stabbing a man in northwestern Indiana who allegedly used a gay slur during a dispute.
The following Indiana Supreme Court decisions were filed Wednesday but were not included in Wednesday’s Indiana Lawyer Daily.
Alberto Baiza Rodriguez v. State of Indiana
18S-CR-143
Criminal. Affirms the Elkhart Superior Court’s judgment that it was not authorized to modify Alberto Baiza Rodriguez’s sentence imposed under his fixed-term plea agreement. Finds the decades-old rule regarding sentence modification — that courts may modify a sentence only if the new sentence would not violate the terms of a valid plea agreement had the new sentence been originally imposed — remains undisturbed. Also finds the Legislature’s amendments to Indiana Code § 35-38-1-17 statute did not alter the settled law of Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994), and its progeny.
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
A pro se prisoner and serial litigator has been barred from making additional civil filings in the Southern District of Indiana unless he pays nearly $5,000 in filing fees. A judge also raised the possibility of a perjury referral for any future violations.
The denial of a prisoner’s petition for post-conviction relief has been upheld after the Indiana Court of Appeals concluded the man’s guilty plea that included a habitual criminal offender enhancement was not involuntary.
Gov. Eric Holcomb has been cleared by the Indiana Inspector General’s office of any potential ethics violations related to the private flights a casino magnate treated him to last year.
Arguments as to whether a man may be charged with murder after he injecting his wife with a fatal dose of fentanyl that they both believed was heroin were presented to an appellate panel during oral arguments Wednesday.
A southwestern Indiana man has been convicted of attempted murder and other charges after a January shooting inside a crowded Veterans of Foreign Wars post that wounded one person.
A Chicago man who was involved in an Indiana shootout in which a federal agent was wounded and another suspect was killed has pleaded guilty to robbery.
Muncie police say a 15-year-old student in possession of a gun was arrested outside a city high school on Wednesday.
Indianapolis’ police chief says he doesn’t know why no handgun was found close to the body of a black man shot to death Friday by police.
An Indianapolis attorney who responded to a grievance against him with a message to the disciplinary commission saying “nobody can successfully attack my moral character, and I politely dare you to even try” has been hit with a formal disciplinary complaint.
In upholding a decades-old rule recently codified through a legislative amendment, the Indiana Supreme Court has ruled in companion cases that trial courts can only modify a sentence entered as part of a fixed-plea agreement if the modified sentence would not have violated the plea agreement at the time the sentence was originally imposed.
A man convicted of a northern Indiana triple slaying will continue to serve a life sentence after the Indiana Supreme Court rejected his challenges to his convictions and sentence.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Eric Mapes v. State of Indiana
19-1384
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s refusal to recruit pro bono counsel for Eric Mapes. Finds the district judge did not abuse her discretion when she denied Mapes request for pro bono counsel, provided an opportunity to amend, and offered instructions on how best to do so without a lawyer.