Holcomb signs bill strengthening ‘stand your ground’ law
The National Rifle Association praised Gov. Eric Holcomb for signing legislation strengthening Indiana’s “stand your ground” laws and removing the fee for certain firearm carry permits.
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Richard Lugar, who helped in securing Soviet arsenal, dies
Richard Lugar worked to alert Americans about the threat of terrorism years before “weapons of mass destruction” became a common phrase following the Sept. 11 attacks. The soft-spoken and thoughtful former Rhodes Scholar was a leading Republican voice on foreign policy matters during his 36 years in the U.S. Senate, but whose reputation of working with Democrats ultimately cost him the office in 2012. He died Sunday at age 87 at a hospital in Virginia.
Opinions April 26, 2019
Alfonso Artigas v. State of Indiana
18A-CR-2877
Criminal. Reverses Alfonso Artigas’ conviction for Class C misdemeanor operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood. Finds the stipulated blood test presented a blood alcohol concentration only in a range from .07 to .084 g/100mL. Also finds there is insufficient evidence to support the conviction.
7th Circuit: No due process violations against rejected billboard company
The 7th Circuit Court of Appeals has affirmed the denial of a digital billboard company’s motion for preliminary injunction against the City of Westfield, finding its due process rights were not violated when the city ordered construction on a billboard to stop.
Justices consider whether Skype appearance violated juveniles’ rights
Indiana Supreme Court justices heard arguments in two consolidated and procedurally identical cases Thursday, questioning whether two juveniles who appeared at disposition modification hearings via Skype were denied their rights to be present.
OneAmerica GC Zurek retires, joins Chicago firm
The long-serving general counsel of OneAmerica Financial has left the Indianapolis company and has transitioned to an of counsel role at a Chicago law firm. Thomas M. Zurek retired from OneAmerica on April 1 and is now serving as of counsel in the Chicago office of Schiff Hardin LLP.
Ex-Ball State professor gets reversal on three child porn convictions
A former Ball State math professor convicted of child pornography and exploitation charges last year will have three of his convictions reversed after the Indiana Court of Appeals found some of the images of nude children he possessed did not explicitly depict “sexual conduct.”
Reversal: Drunk driver’s BAC lower than listed in conviction
A man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.
7th Circuit rules DOC sex offender program violates Constitution
Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.
Trump forms battle plan for post-Mueller probes: Just say no
As House Democrats ramp up their post-Mueller investigations into President Donald Trump, his strategy for responding is simple: Resist on every legal front. The administration is straining to hold off congressional investigators, including their efforts to obtain the president’s tax returns, his business’ financial records and testimony from former senior aides.
Celadon ordered to pay $42 million after admitting securities fraud
Indianapolis-based trucking company Celadon Group Inc. has agreed to pay $42.2 million in restitution to settle securities fraud charges announced Thursday by the U.S. Department of Justice. Under the settlement, the company acknowledged “filing materially false and misleading statements to investors and falsifying books, records and accounts,” federal prosecutors said.
Prosecutors: Divorcing Greenwood couple left dog to starve
Prosecutors say a suburban Indianapolis couple who vacated their home during divorce proceedings left their dog behind to starve to death. Michael S. Setser of Greenwood faces a misdemeanor charge of abandonment or neglect of a vertebrate animal, and Amanda Setser of Franklin faces a misdemeanor animal cruelty charge.
May trial set for alleged gang member charged in 2 killings
A federal judge has set a May trial for an alleged Latin Kings gang member who’s charged in the 1999 beating deaths of two men at a Hammond auto shop. The double-homicide trial of 38-year-old Jeremiah Shane Farmer is set for May 6 in the U.S. District Court in Hammond and is expected to take two weeks.
Opinions April 25, 2019
Indiana Court of Appeals
Clark Allen Hill v. State of Indiana
18A-CR-2658
Criminal. Affirms Clark Hill’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and his adjudication as a habitual vehicle substance offender. Finds the Hamilton Superior Court did not subject Hill to double jeopardy, nor abuse its discretion in denying his motion to correct erroneous sentence. Finds Hill failed to show that the evidence and controlling precedent lead unerringly to a different result than the one reached by the trial court.
COA upholds conviction for murder, attempted murder of unarmed men
A man convicted for murdering one man and nearly killing another was denied relief from his 85-year sentence when the Indiana Court of Appeals affirmed there was no error in the admission of a witness’s recorded statement or notated photo lineup.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.
Double jeopardy principles not violated in OWI enhancement
A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication.
ACLU sues to block new law banning second-trimester abortion procedure
The American Civil Liberties Union has once again filed a federal lawsuit challenging an Indiana abortion law, this time filing a complaint against recently signed legislation that would place new restrictions on second-trimester abortions.
Holcomb signs bill allowing regional public defender services
Public defender reforms, including allowing public defenders in multiple counties to pool resources, were signed into law Wednesday by Gov. Eric Holcomb.
Indiana traffic fine amnesty bill approved by lawmakers
Indiana residents with suspended driver’s licenses or unpaid traffic fines will have the chance to have the fees they face cut in half by petitioning a court. An estimated 185,000 drivers could be eligible for the penalty reductions.