Domestic battery, confinement convictions upheld against abusive boyfriend
A man who severely beat his girlfriend and held her hostage for several hours has lost his appeal of his domestic battery and criminal confinement convictions.
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Career offender’s motion for relief untimely, 7th Circuit rules
A prisoner’s motion for relief following a U.S. Supreme Court ruling that invalidated certain language in the Armed Career Criminal Act was denied Thursday after the 7th Circuit Court of Appeals not only found his motion was untimely, but also unlikely to survive on the merits.
Supreme Court dissolves language, remote access task forces, replaces with committees
The Indiana Supreme Court has dissolved two advisory task forces this week and has replaced them with committees that will continue their respective work. Justices concurred on the decision to dissolve the Language Access Task Force and the Advisory Task Force on Remote Access to and Privacy of Electronic Records, according to a Monday order.
ABA sees ‘troubling gaps’ in civics knowledge in 2019 survey results
Members of the American public strongly support the First Amendment, but a recent American Bar Association civics literacy survey revealed that some confusion remains about what it actually protects. The results, which go hand-in-hand with the 2019 Law Day theme of “Free Speech, Free Press, Free Society,” revealed what the ABA called “troubling gaps” in the public’s basic knowledge of American civics.
Woman pleads guilty to neglect after removing feeding tube
A Terre Haute woman has agreed to plead guilty to neglect in the dehydration death of her infant son after she removed his feeding tube. Tabetha Smith, 39, would face a 16-year sentence if the plea entered Thursday is accepted. Vigo Superior Judge Sarah Mullican took the plea agreement under advisement.
NE Indiana man gets 10 years for injuring police officer
A northeastern Indiana man has been sentenced to 10 years in prison for seriously injuring a police officer while fleeing authorities. Kevin J. Turner, 53, Huntertown, had pleaded guilty to three felony charges, including resisting law enforcement, for the October incident involving Kendallville police Officer Blake Kugler.
Jurors deadlock on life sentence for 2 slayings in Indiana
Jurors have deadlocked on whether to recommend a sentence of life in prison for a 24-year-old Evansville man convicted of murder and robbery in the 2017 slayings of two people in southwest Indiana. Jurors were dismissed Thursday after deadlocking on the question. They convicted Deshay Hackner on Wednesday in the deaths of 29-year-old Dewone Broomfield and his girlfriend, 28-year-old Mary Woodruff.
Opinions May 2, 2019
Indiana Court of Appeals
Brandon McGaughey v. State of Indiana (mem. dec.)
18A-CR-1872
Criminal. Affirms Brandon McGaughey’s conviction for Level 5 burglary. Finds he is not entitled to discharge and that there is sufficient evidence to support the conviction. Also finds the Jefferson Superior Court did not err in giving an instruction on accomplice liability.
Trump, GOP states ask appeals court to kill ‘Obamacare’
Taking a harder line on health care, the Trump administration on Wednesday joined a coalition of Republican-led states, including Indiana, in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.
7th Circuit reversal: Damages claims brought by exonerated man may proceed
An exonerated man whose murder conviction was vacated nearly a decade ago can continue seeking damages against the investigators in his case, the 7th Circuit Court of Appeals has ruled, reversing a lower court’s decision that the claims couldn’t stand.
Hammond woman accused of driving over boyfriend twice, killing him
A northwestern Indiana woman accused of driving over her boyfriend twice with a car has been charged in his killing. Twenty-three-year-old Briana Rice of Hammond is charged with murder, voluntary manslaughter and leaving the scene of a fatal accident in the April 24 death of 25-year-old Terrondy Jones.
‘Unprecedented’ number of graduating IU McKinney students accepted into JAG Corps
Four graduating Indiana University Robert H. McKinney School of Law students have been accepted into the nation’s legal branch of the military – an unprecedented number for the Indianapolis law school. The Judge Advocate General (JAG) Corps consists of highly selective law programs in every branch of the United States armed forces, including the U.S. Army, U.S. Coast Guard, U.S. Navy, U.S. Air Force and U.S. Marine Corps.
Judge improving after shooting; Supreme Court seeking temporary replacements
One of the two Clark County judges wounded in an Indianapolis shooting early Wednesday morning is improving after initially being in critical condition. Meanwhile, action is being taken to temporarily fill the now empty bench seats of the two injured judges. The Indiana Supreme Court said Thursday that Clark Circuit Judge Bradley Jacobs underwent surgery Thursday morning and is now in serious but stable condition.
Hoosier law school commencement ceremonies begin this weekend
As commencement nears for Hoosier students across the state, four speakers are preparing to address the law school classes of 2019.
Barr skips House hearing; Pelosi accuses him of lying
Attorney General William Barr skipped a House hearing Thursday on special counsel Robert Mueller’s Trump-Russia report, escalating an already acrimonious battle between Democrats and President Donald Trump’s Justice Department. House Speaker Nancy Pelosi suggested Barr had already lied to Congress in other testimony and called that a “crime.”
Former Sen. Birch Bayh honored for long legacy as ‘doer’
The legislative legacy forged on Capitol Hill and the jovial hog farmer-turned-politician who won three terms in the Senate were both remembered during an Indiana Statehouse memorial service Wednesday for U.S. Sen. Birch Bayh, who died in March at age 91.
Opinions May 1, 2019
Indiana Court of Appeals
Dunham's Athleisure Corp. v. Keith Shepherd
18A-PL-2892
Civil plenary. Reverses the Wabash Superior Court’s denial of Dunham’s Athleisure Corp.’s motion for summary judgment on Keith Shepherd’s complaint alleging Dunham’s negligence in the sale of a firearm to a third party. Finds the trial court erred in its denial of Dunham’s summary judgment motion and that the store is immune from liability regarding Shepherd’s injuries that resulted after his girlfriend shot him with a gun she purchased at Dunham’s.
Barr, Mueller trade barbs as Russia probe rift goes public
Private tensions between Justice Department leaders and special counsel Robert Mueller’s team broke into public view in extraordinary fashion Wednesday as Attorney General William Barr pushed back at complaints over his handling of the Trump-Russia investigation report and aimed his own criticism at the special counsel.
Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.