E-filing now available in Wayne County
Wayne circuit and superior courts have instituted electronic filing, joining most Indiana’s 92 counties who have already implemented the change.
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Jennings County escape suspect gets away at courthouse
Authorities are searching for a southern Indiana jail inmate who has escaped from custody. Law enforcement officials say Jennings County Jail inmate Kimlynn Patton escaped Friday in the area of the Jennings County Courthouse in Vernon.
Critics say Indiana redistricting bill doesn’t do enough
An Indiana bill that would change the state’s redistricting rules doesn’t do enough to end gerrymandering, critics say. The bill sponsored by Republican Sen. Greg Walker of Columbus would allow lawmakers to continue drawing the state’s legislative and congressional district maps for the foreseeable future.
Boy, 17, to face murder charges in case of 2 missing teens
A prosecutor says a teenage boy will be charged with murder in connection with the disappearance of two northwestern Indiana teenagers. Porter County Prosecutor Gary Germann said Sunday the 17-year-old boy is expected to be charged Monday with two counts of murder related to the disappearance of eighteen-year-old Thomas M. Grill, Jr. and 19-year-old Molley R. Lanham.
Howard County sending texts to defendants about hearings
A central Indiana county has started sending text messages to criminal defendants to remind them about their upcoming court hearings. Howard County authorities hope the texting service that began in February can hold down the county jail’s population and reduce the resources law enforcement must devote to tracking down people who miss court appearances.
Opinions March 1, 2019
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
David Jones v. Dushan Zatecky
17-2606
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of David Jones’ petition for writ of habeus corpus. Finds Jones is entitled to the issuance of a writ of habeas corpus under 28 U.S.C. § 2254, based on his attorney’s failure to object to an untimely amendment to his conviction for criminal confinement. Remands with instructions to issue the writ within 120 days with respect the criminal confinement conviction and to make any necessary adjustments to Jones’ sentence on the two unchallenged counts of conviction. Circuit Judge Manion dissents in a separate opinion.
Split 7th Circuit slams Indiana attorneys in grant of habeas petition
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
COA: Insurance policy terms mean suspended driver still covered
A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.
Social Security retirement benefits must be considered in child support, COA rules
A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.
Fort Wayne man convicted of killing 2 women, fetus
A jury needed less than two hours to convict a Fort Wayne man of three counts of murder in the fatal shootings of two women and the death of one’s unborn fetus.
Judge rejects Elkhart’s subpoena for newspaper records
A federal judge has rejected the City of Elkhart’s attempt to force a newspaper to turn over records of its reporting on a Chicago man who was pardoned after a decade in prison and is suing the Indiana city for wrongful conviction.
Carmel police force deploying body cameras
A suburban Indianapolis police force has begun deploying new body cameras while on patrol. The city of Carmel says its police department received an $80,000 federal grant to help fund the first phase of a five-year, no-interest lease for 120 body cameras and 100 in-car cameras.
Man pleads guilty in chase that led to Indiana officer death
A man who authorities say started a southern Indiana police chase that led to an officer’s death is awaiting sentencing after pleading guilty in the case.
Democrats eye new inquiries, witnesses after Cohen testimony
After three days of grilling Michael Cohen, President Donald Trump’s former lawyer, Democrats are quickly using his words as a roadmap to open new lines of investigation into the president’s ties to Russia and summon additional witnesses.
Opinions Feb. 28, 2019
The following Indiana Supreme Court opinions were posted after IL deadline Wednesday.
Zachariah J. Marshall v. State of Indiana
18S-CR-464
Criminal. Affirms the Porter Superior Court’s denial of Zachariah Marshall’s motion to suppress evidence from his traffic stop for speeding. Finds there are sufficient articulable facts to give an officer reasonable suspicion that Marshall was speeding. Finds the traffic stop was reasonable in view of the totality of the circumstances.
Officer’s reasonable suspicion sufficient in speeding stop, justices rule
A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.
Justices halt removal of Yorktown clerk-treasurer from office
Efforts to forcibly remove a Yorktown clerk-treasurer from her elected office faced a setback Wednesday when the Indiana Supreme Court affirmed a trial court’s decision finding the officer’s failure to keep track of town finances did not result in a general failure to perform her official duties.
Man’s pro se PCR denial affirmed
The Indiana Court of Appeals on Thursday upheld the denial of a post-conviction relief for a pro se litigant who argued he was denied a fair hearing seeking relief from multiple child molesting convictions.
Judgment for grocery store affirmed in fatal shooting
The estate of a woman slain by a gunman in an Elkhart grocery store failed on appeal Thursday to reverse a ruling that the grocery store owed no duty to the woman because the shooting was not reasonably foreseeable.
COA finds double-jeopardy in drunken man’s hit-and-run conviction
A man who was convicted of drunkenly running down a patron with his car outside a Connersville bar will still spend the same amount of time behind bars, but the Indiana Court of Appeals found several of his convictions violated protections against double jeopardy.