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

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

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

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

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

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

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."

February bar passage rate falls below 50 percent

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

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

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.

Pulaski County launches 100th Hoosier problem-solving court

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

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.