Indiana Court Decisions — Feb. 28-March 12, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Justices’ ruling sparks conversation about PCR for noncitizens
Earlier this month, a 3-2 majority of the Indiana Supreme Court granted post-conviction relief to noncitizen Angelo Bobadilla, finding deficient counsel performance and prejudice. But dissenting justices raised concerns about the ruling inappropriately expanding the PCR analysis.
DCS reform bills whittled down but advancing
While the effort to give foster parents standing in cases involving abused and neglected children has stalled in the Statehouse, numerous child welfare and Department of Child Services reforms appear poised to pass the Indiana General Assembly.
Families not immune from vaccination debate
Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.
Justices reject B&B owner who denied room to gay couple
The U.S. Supreme Court on Monday left in place Hawaii court rulings that found a bed and breakfast owner violated the state’s anti-discrimination law by refusing to rent a room to a lesbian couple. The justices rejected an appeal from Aloha Bed & Breakfast owner Phyllis Young, who argued she should be allowed to turn away gay couples because of her religious beliefs.
Supreme Court set for case on racial bias in jury selection
Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn’t get a murder conviction against him to stick through five trials. This week, the Supreme Court will consider whether his conviction and death sentence in a sixth trial should stand or be overturned for a familiar reason: because prosecutors improperly kept African-Americans off the jury.
Defendants seek dismissal of Richmond wrongful fire death lawsuit
Defendants in a wrongful death lawsuit following a November fire that left two people dead and several others injured in eastern Indiana are asking for the case to be dismissed. Interfaith Housing Corp., Justus Property Management and others responded to the lawsuit over the death of 56-year-old Richard Wilkinson that was filed by his son, arguing the lawsuit doesn’t detail alleged negligence that led to Wilkinson’s death.
Police question authenticity of Indy-based nonprofit’s fundraising
Police departments in at least four states have raised concerns about an Indianapolis-based nonprofit, alleging the group conducts fundraising scams targeting vulnerable people under the guise of raising money for law enforcement. Multiple police agencies have issued scam alerts about letters sent by the National Police Association, which is run by Eddie Hutchison, who works for the Indiana Attorney General’s Office as a fraud investigator.
Hammerle on… “Captain Marvel,” “Apollo 11”
Heroes from the fantasy world and the real world are celebrated and appreciated in two recent films reviewed by Robert Hammerle.
DTCI: Law can keep you running, so it’s important to run
Because we are always running from obligation to obligation, you may find little time for yourself and to decompress. However, in order to be the husband, father and lawyer I want to be, I have to find time to run. And I don’t mean from obligation to obligation, but to actually run.
Maley: Northern District proposes venue, other rule amendments
The Northern District of Indiana has published proposed Local Rules amendments, with the comment period open through March 31. The Local Rules Advisory Committee has recommended, and the Court has approved for public comment, amendments to Local Rules 1-1, 3-1, 5-1, 5-2 and 7-1.
Blakeman: Timbs joins key Supreme Court decisions with Hoosier roots
Tyson Timbs, the Marion defendant who challenged the 2015 seizure of his $42,000 Land Rover after selling less than $400 worth of heroin, joins the select group of Hoosier litigants who shaped constitutional law by way of this state.
Timbs joins key Supreme Court decisions with Hoosier roots
Blakeman By Rachel Blakeman Tyson Timbs, the Marion defendant who challenged the 2015 seizure of his $42,000 Land Rover after selling less than $400 worth of heroin, joins the select group of Hoosier litigants who shaped constitutional law by way of this state. Last month, the U.S. Supreme Court ruled 9-0 that the Eighth Amendment […]
Indiana legal community remembers legacy of Birch Bayh
Bayh, who died March 14 at the age of 91, is being remembered by the Indiana legal community for his extensive career in public service and leadership on the major issues of his time, including civil rights and women’s rights.
A ‘First Step’ gives federal offenders chance at a fresh start
Already in the Southern District of Indiana, some 15 offenders have been released from federal prison pursuant to the First Step Act, and another 15 to 20 releases are expected soon. Reductions and releases also are expected to begin soon in the Northern District.
In heartbreak of death penalty case, attorneys find inspiration
Indianapolis attorneys had spent years — one nearly two decades — trying to secure justice for Domineque Ray, an inmate on Alabama’s death row. Their efforts were defeated Feb. 7, when Ray was executed before their eyes.
Lawyers help vulnerable man overcome exploitation
Looking down at a page filled with words he couldn’t comprehend, Paul Mason was urged to sign on the dotted line. He had no idea he was signing away life as he knew it.
Trump again proposes elimination of Legal Services Corp.
Proponents of providing Americans equal access to justice through civil legal aid have once again found themselves defending that cause against the Trump administration, which proposes for the third time eliminating federal funding for civil legal aid.