Home » Search

Search Results

7393 results for 'articles'

To refine your search through our archives use our Advanced Search

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.

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.

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.

Court erred in ruling against rear-ended motorist

A motorist who claimed he suffered injuries after his vehicle was rear-ended on a Fort Wayne street was denied relief in a small claims court, but his fortunes took a U-turn Thursday when the Indiana Court of Appeals overturned the lower court’s rulings.

Holcomb plans public appeal on Indiana hate crimes law

Indiana Gov. Eric Holcomb said Wednesday he will try to build public support for a hate crimes law, a week after the Republican-dominated state Senate stripped out a list of specific protected traits he had supported to get Indiana off a list of five states without such a law.