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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.

Drug evidence found in locked safe properly admitted, COA rules

April 8, 2019

A man’s convictions of possessing meth and a syringe were upheld Monday when an appellate panel affirmed no abuse of discretion occurred when evidence discovered inside a locked safe in his car were admitted at trial.

Pulaski County launches 100th Hoosier problem-solving court

April 8, 2019

Indiana’s court system is now home to 100 problem-solving courts, the Indiana Supreme Court announced Monday. A veterans treatment court was recently certified in Pulaski County, marking the 100th problem-solving court to be certified in the Hoosier state.

Reversal: Inmate denied DOC manual gets new trial

April 8, 2019

An inmate’s claims he was denied a fair trial can move forward now that the Indiana Court of Appeals has concluded the state’s failure to provide him with an Indiana Department of Corrections professional conduct manual left him unable to prepare a proper defense against an officer who shoved him.

IU McKinney international students prepare to fight for women, children back home

April 8, 2019

With fresh perspectives and experiences added to their legal toolbelts, two international Indiana University McKinney School of Law students are preparing to tackle human rights issues in their communities head on.

Adoptee birth certificate requests soar after change in law

April 8, 2019

The number of adopted Hoosiers seeking information from the state about their birth parents has more than quadrupled since a new law took effect last year, opening access to the records.

House Ways and Means panel to hear Gary casino move bill

April 8, 2019

An Indiana House panel is set to take up a bill that would allow one of Gary’s casinos to move to Terre Haute.

Man sentenced for bomb near Madison judge’s house

April 8, 2019

A southern Indiana man charged with detonating pipe bombs near a police station and outside a judge’s home has been sentenced to more than seven years in prison.

Lawyer who owns town of Story lists it for $3.8 million

April 8, 2019

A rustic southern Indiana town that was established in 1851 and is listed on the National Register of Historic Places is up for sale. Its attorney owner has set an asking price of $3.8 million.

Judge miffed by defendant’s casual clothing delays hearing

April 8, 2019

A northwestern Indiana judge was so miffed that a defendant dressed down for a court hearing that she postponed it and told him to dress nicer next time.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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