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COA’s error leads to rehearing, affirmation of TPR reversal

April 10, 2019

The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.

Despite snoozing juror, meth, theft convictions affirmed

April 10, 2019

Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.

Divided COA upholds weapons conviction after traffic stop

April 10, 2019

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.

Car-dealer promoter sued over allegedly deceptive mailers

April 10, 2019

Hoosiers were lured by the chance for prizes such as a 70-inch high-definition television, $1,000 in cash or a vacation package, according to a lawsuit filed by the Indiana Attorney General Curtis Hill’s office. But what they actually received were low-value items like an MP3 player that had been purchased for $2.25, or a mail-in rebate coupon for $10 off the purchase of a turkey.

Barnes & Thornburg breaks ground on new South Bend office building

April 10, 2019

On a vacant plot along Main Street across from the federal courthouse in South Bend, Barnes & Thornburg leaders grabbed their shovels Tuesday and helped break ground on a new office building that is not only on the first new construction within the downtown business core in 20 years, but which also will carry the law firm’s moniker.

Report: Indiana’s outsized foster population lags educationally

April 10, 2019

Indiana, which places a greater percentage of its children in the foster care system than almost any other state, must take steps to close educational shortcomings for children in the system, according to a first-of-its-kind report released recently that details a wide achievement gap.

Inmate dies after being found unresponsive in jail cell

April 10, 2019

A 42-year-old inmate has died after being found unresponsive in his northern Indiana jail cell.

Man charged in slayings of boy, mom in northwestern Indiana

April 10, 2019

An Indianapolis man has been charged with murder in the fatal shootings of a 13-year-old boy and his 35-year-old mother at their northwestern Indiana home.

Low February bar pass rate likely to get post-appeal bump

April 9, 2019

As the Indiana legal profession begins to draw conclusions from the February 2019 bar exam results in which fewer than half of test-takers passed, it might want to keep in mind Yogi Berra’s observation: It ain’t over till it’s over.

Opinions April 9, 2019

April 9, 2019

Indiana Court of Appeals
Robert Earl Davis v. State of Indiana (mem. dec.)

18A-PC-556
Post conviction. Affirms the denial of Robert Davis’ petition for post-conviction relief. Finds Davis failed to show a reasonable probability that the Indiana Court of Appeals’ decision in his direct appeal would have been different absent any misstatement. Concludes the Lake Superior Court did not err in its denial of David’s request.

COA hears case of denied police records in death investigation

April 9, 2019

An Indiana Court of Appeals panel heard arguments Monday concerning a grieving father’s denied request for public records related to the mysterious death of his daughter. The case presents an issue of first impression concerning public access to law enforcement records.

Criminal penalties for revenge porn may become law

April 9, 2019

Efforts to hold revenge porn perpetrators criminally accountable advanced Monday after the Indiana House of Representatives voted 95-0 in favor of legislation that would criminalize the posting of nonconsensual pornography.

11 to be interviewed to fill Lake County judicial vacancy

April 9, 2019

The Lake County Judicial Nominating Commission is seeking public comment on nearly a dozen candidates who have applied to fill an upcoming vacancy in Lake Superior Court. The commission will interview the candidates next month.

Barr to release redacted Mueller report within a week

April 9, 2019

Appearing before a congressional committee Tuesday, Attorney General William Barr said he expects to release a redacted version of the special counsel’s Trump-Russia investigation report "within a week."

Monroe County official accused of sex harassment to resign

April 9, 2019

A southern Indiana county commissioner and Bloomington mayoral candidate is stepping down from her post after being accused of sexual harassment by a former county contractor.

Lawmakers back felony charge if fertility doctors misuse sperm

April 9, 2019

A woman who was among numerous patients unknowingly impregnated by their Indiana fertility doctor’s own sperm said she’s pleased with state lawmakers backing a proposal that would make such actions a felony.

Ethics panel dismisses complaint against Speaker Bosma

April 9, 2019

The Indiana House Ethics Committee has dismissed a complaint against Speaker Brian Bosma, who was accused of illegally using campaign funds to collect unflattering information about a former intern.

February bar passage rate falls below 50 percent

April 8, 2019

Indiana’s February bar exam results continued their downward slide with the 2019 overall pass rate dropping to 45 percent, the lowest rate recorded in the past 17 years, according to results released Monday.

Opinions April 8, 2019

April 8, 2019

Indiana Court of Appeals
Michael Hickingbottom v. State of Indiana

18A-CR-627
Criminal. Reverses Michael Hickingbottom’s six-year sentence for conviction of Level 5 felony battery resulting in bodily injury to a public safety officer. Finds the Miami Superior Court abused its discretion when it denied Hickingbottom’s motion for mistrial. Finds the state failed to produce the Indiana Department of Correction manual that contains policies and procedures on the use of force by DOC officers. Remands for a new trial with instructions for the DOC to produce the manual to the state before any subsequent proceedings take place, so Hickingbottom can review and utilize it.

Indiana abortion fight shifts to ultrasound laws

April 8, 2019

In another dispute over an Indiana abortion law emanating passed in 2016, Planned Parenthood of Indiana and Kentucky filed its response Friday to the state’s petition asking the U.S. Supreme Court to uphold the amendment to the state’s ultrasound law.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

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  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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