Reinstated legal basketball league sees growth, gender diversity
One year after resurrecting a recreational lawyers’ basketball league, organizers are already setting the bar high for future success.
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A more skeptical high court to hear redistricting challenge
Last year, proponents of limiting partisan politics in the creation of electoral districts needed to win over Justice Anthony Kennedy. They couldn’t.
Mueller finds no Trump collusion, leaves obstruction open
Special counsel Robert Mueller found no evidence President Donald Trump’s campaign “conspired or coordinated” with Russia to influence the 2016 presidential election but reached no conclusion on whether Trump obstructed justice. That brought a hearty claim of vindication from Trump but set the stage for new rounds of political and legal fighting.
Lawsuit: St. Joseph County sheriff’s office negligent in inmate death
A federal lawsuit accuses a northern Indiana sheriff’s department of negligence after an inmate who allegedly was suffering from drug withdrawal symptoms killed himself.
Parents suing Bartholomew County campground, police in child molestation case
The parents of a boy allegedly molested by a reserve sheriff’s deputy at a southern Indiana campground are suing the campground, police and their reserve program. The lawsuit alleges Larry L. Scott molested a 12-year-old boy while volunteering as a night-time security supervisor at Ceraland Park and Campground.
Opinions March 22, 2019
7th Circuit Court of Appeals
United States of America v. Geraldo Colon
18-1233
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Geraldo Colon’s money laundering convictions and the application of leadership enhancements to his advisory sentencing range. Finds the government’s evidence was sufficient to support the money laundering convictions. Also finds the district court erred in applying leadership enhancements, but those errors were harmless.
Hill, Disciplinary Commission spar over hearing officer appointment
Indiana Attorney General Curtis Hill is hitting back at the lawyer ethics charges filed against him this week, arguing the judicial branch is wading into political waters by possibly disciplining him for allegations of groping four women — claims he says were “unrelated to the practice of law.”
COA: Officer peeking in window acted as Girl Scout would
A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.
Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.
Waiting for the final Mueller report and what happens next
America is waiting for special counsel Robert Mueller’s report. But anyone looking for a grand narrative on President Donald Trump, Russian election interference and all the juicy details uncovered over the past 22 months could end up disappointed.
Bill would make it harder to change gender on Indiana IDs
Indiana residents would face more hurdles changing their gender on driver’s licenses or other credentials issued by the Bureau of Motor Vehicles under changes approved by a House panel.
Cop whose slurs were recorded quits Hammond police
A white police sergeant who spent 26 years with the Hammond Police Department has resigned while under investigation for homophobic and racist comments made while off duty at a bar. Lt. Steven Kellogg said the officer submitted a retirement letter Thursday, two hours before an interview.
Opinions March 21, 2019
Indiana Court of Appeals
David Hooker v. State of Indiana
18A-PC-2318
Post-conviction. Affirms the Vanderburgh Circuit Court’s denial of David Hooker’s petition for post-conviction relief on his conviction of Class C felony burglary. Finds Hooker failed to establish that the post-conviction court’s judgment was clearly erroneous. Judge L. Mark Bailey dissents witha separate opinion, finding Hooker’s plea was unreliable as a matter of law.
Kavadias Schneider returning to Lake County bench as judge pro tempore
A recently retired Lake Superior Court judge will temporarily return to the bench as a judge pro tempore. The Indiana Supreme Court has appointed former Judge Diane Kavadias Schneider as judge pro tempore in Lake Superior Court, Civil Division 5, in preparation for an upcoming vacancy that will be left by Judge William E. Davis.
Bill targeting money stolen by public servants advances
Hoosiers impacted by the theft of money at the hands of public servants could find some relief if a bill that would allow them to dip into thieves’ public pension funds passes the Indiana Senate’s scrutiny.
Aggravators can’t include nonadjudicated juvenile actions, COA says
In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.