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Brady confirmed to Northern Indiana District Court

Fort Wayne attorney Holly Brady has been confirmed as a judge on the U.S. District Court for the Northern District of Indiana, becoming the first judge to join that jurisdiction since May 2010.

Opinions April 10, 2019

Indiana Court of Appeals
Tre Ron Smith v. State of Indiana
18A-CR-1633
Criminal. Affirms Tre Ron Smith’s Class A misdemeanor possession of a handgun conviction. Finds police had reasonable suspicion under the federal and state constitutions to conduct a Terry stop of Smith, and they did not exceed the permissible scope of such a stop. Also finds the trial court did not err when it allowed into evidence the firearm found in the search conducted after the Terry stop. Judge Melisa May dissents with separate opinion.

Reversal: No valid settlement in Crown Point bicycle crash

Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.

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

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

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

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

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

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

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.

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."