Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
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7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.
Waiting for the final Mueller report and what happens next
America is waiting for special counsel Robert Mueller’s report. But anyone looking for a grand narrative on President Donald Trump, Russian election interference and all the juicy details uncovered over the past 22 months could end up disappointed.
Bill would make it harder to change gender on Indiana IDs
Indiana residents would face more hurdles changing their gender on driver’s licenses or other credentials issued by the Bureau of Motor Vehicles under changes approved by a House panel.
Cop whose slurs were recorded quits Hammond police
A white police sergeant who spent 26 years with the Hammond Police Department has resigned while under investigation for homophobic and racist comments made while off duty at a bar. Lt. Steven Kellogg said the officer submitted a retirement letter Thursday, two hours before an interview.
Opinions March 21, 2019
Indiana Court of Appeals
David Hooker v. State of Indiana
18A-PC-2318
Post-conviction. Affirms the Vanderburgh Circuit Court’s denial of David Hooker’s petition for post-conviction relief on his conviction of Class C felony burglary. Finds Hooker failed to establish that the post-conviction court’s judgment was clearly erroneous. Judge L. Mark Bailey dissents witha separate opinion, finding Hooker’s plea was unreliable as a matter of law.
Kavadias Schneider returning to Lake County bench as judge pro tempore
A recently retired Lake Superior Court judge will temporarily return to the bench as a judge pro tempore. The Indiana Supreme Court has appointed former Judge Diane Kavadias Schneider as judge pro tempore in Lake Superior Court, Civil Division 5, in preparation for an upcoming vacancy that will be left by Judge William E. Davis.
Bill targeting money stolen by public servants advances
Hoosiers impacted by the theft of money at the hands of public servants could find some relief if a bill that would allow them to dip into thieves’ public pension funds passes the Indiana Senate’s scrutiny.
Aggravators can’t include nonadjudicated juvenile actions, COA says
In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.
COA splits on definition of ‘squeezed’ in burglary case
A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry.
Indiana abortion petition making eighth SCOTUS appearance, might be inspiring ‘screed’
Indiana’s petition for a review of its abortion law has been relisted for an eighth conference at the U.S. Supreme Court, raising suspicions that the case will not be accepted but could bring a fiery dissent.
Justice Thomas talks at court arguments, 1st time in 3 years
The Supreme Court was about to adjourn for the day when the Georgia baritone politely inquired of the lawyer at the lectern. Justice Clarence Thomas was breaking a three-year silence at high court arguments with a couple of questions in a case about racial discrimination in the South.
Judge dismisses part of Charlestown lawsuit tied to redevelopment plans
A federal judge has dismissed a portion of a lawsuit brought by landlords that alleged racketeering by Charlestown officials related to a planned redevelopment project.
Plea set in Parke County crash that killed ex-Indiana sheriff, wife
A judge has set a plea hearing for a man accused in a drunken driving crash that killed a former western Indiana sheriff and his wife. Bryan Robertson’s jury trial was scheduled for April 8 on charges of driving while intoxicated causing death, but a Parke County judge set an April 11 change of plea and sentencing hearing Tuesday for Robertson at his attorney’s request.
Hobart ex-funeral home treasurer gets probation for misused funds
A former treasurer of a defunct northwestern Indiana funeral home who allegedly misused funds set aside for customers’ funerals has been placed on probation for a year and ordered to pay more than $15,000 in restitution. Jacqueline A. Kraft, 68, pleaded guilty Wednesday to one felony count of theft and was sentenced to a year in jail, but that sentence was suspended.
Opinions March 20, 2019
Indiana Court of Appeals
Andrew Lee Swain v. State of Indiana (mem. dec.)
18A-CR-1838
Criminal. Affirms Andrew Swain’s aggregate six-year sentence following the revocation of his probation and his guilty plea to Level 5 felony escape and Level 6 felony unlawful possession of a syringe. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Finds the Grant Superior Court did not abuse its discretion in not finding Swain’s mental illness to be a mitigating factor.