Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Cameras in court: 7th Circuit ushers in oral arguments on video
The 7th Circuit did something historic recently — an Indiana case involving Purdue University marked the first time the appellate court turned on the cameras and recorded video of an oral argument.
Former Carroll Co. judge named Clinton Co. judge pro tem
A former Carroll County judge has been appointed to oversee the Clinton Superior Court while the sitting judge is deployed on military duty.
Indiana appeals 18-hour ultrasound injunction to U.S. Supreme Court
Indiana is again appealing to the Supreme Court of the United States to overturn a preliminary injunction blocking a state abortion law, this one requiring women to get an ultrasound at least 18 hours before the procedure. The provision was included in House Enrolled Act 1337, which was signed into law by then-Gov. Mike Pence in 2016.
‘Bonnie and Clyde’ bank robber loses 7th Circuit appeal
An Indiana man convicted of “Bonnie and Clyde-style” bank robberies lost his appeal before the 7th Circuit, which ruled Monday that the defendant’s rights weren’t violated when he was tracked from Indiana to California or when evidence of other robberies he wasn’t charged with were admitted at his trial.
Federal prosecutors subpoena Trump’s inaugural committee
Federal prosecutors in New York issued a subpoena Monday seeking documents from Donald Trump’s inaugural committee, furthering a federal inquiry into a fund that has faced mounting scrutiny into how it raised and spent its money.
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Indiana man who withheld HIV status pleads guilty again
A northern Indiana man has pleaded guilty in a third county to having sex with women and not telling them he was HIV-positive. Travis Spoor, 39, of Silver Lake, pleaded guilty Monday in St. Joseph County to malicious mischief.
Huntington father sentenced to 25 years in death of infant
A man has been sentenced to 25 years in prison in the shaking death of his 2-month-old daughter in northeastern Indiana. Kevin N. Tucker was given his punishment Monday after pleading guilty in January to aggravated battery resulting in death.
Hammerle on… “Stan and Ollie,” “The Kid Who Would Be King”
Movie reviewer Robert Hammerle has good things to say about the charming “Stan and Ollie” and the surprising “The Kid Who Would Be King.”
Trimble: Transparency key to successful law firm management
There is simply no question that the law firms that will survive and thrive are the ones that will adopt modern business practices. If there is any aspect of management that will be demanded by the rising generation, it will be transparency.
Morris: IndyBar leadership something to celebrate
I’ve always been drawn to the law and have thoroughly enjoyed my interactions with those in the legal field. And this is definitely the case working with the folks at IndyBar.
Creation of agency settlement fund rankles Indiana AG
Indiana’s attorneys general have long participated in and even led multistate settlement work, but statutory language quietly slipped into the biennial budget during the 2017 legislative session has changed where the state’s portion of the money goes. And Indiana Attorney General Curtis Hill’s office says the switch has curtailed the investigations it can now pursue.
Robb leading national appellate chief judges’ council
As the former leader of the Indiana Court of Appeals, Judge Margret Robb knows what it takes to be the chief. Now, she’s sharing her experience with other judicial leaders as president of the Council of Chief Judges of the State Courts of Appeal.
Judiciary chiefs, legal leaders offer women in the law advice
A recent discussion highlighted women judicial leaders and lawyers working in both state and federal law, giving them the opportunity to share their struggles and advice for young female barristers striving to advance in their legal careers.
Web Exclusive: Franklin circuit judge finds community through art
Rising up above the town of Brookville sits the historic Franklin County courthouse, nestled into a hollow encircled by rolling hills. On most days, Franklin Circuit Judge J. Steven Cox can be found sitting on the bench inside that courthouse. But he also may be found sitting behind an easel, painting it.
Opinions Feb. 4, 2019
Indiana Court of Appeals
Jabreeh Cash Davis-Martin v. State of Indiana
71A05-1712-CR-2963
Criminal. Affirms Jabreeh Cash Davis-Martin’s murder conviction and his 65-year sentence. Finds the delayed admission of cellphone records was not a Brady violation. Also finds the St. Joseph Superior Court did not err in instructing the jury, and the state did not violate Davis-Martin’s Fifth Amendment rights. Finally, finds there was sufficient evidence to support Davis-Martin’s conviction, and his sentence is not inappropriate.
Man loses appeal of murder conviction in slaying of openly gay veteran
A northern Indiana man convicted of beating a gay Afghanistan war veteran to death lost his appeal of his conviction and sentence Monday when the Indiana Court of Appeals found that a delay in the production of cellphone records did not prevent the man from receiving a fair trial.
Outcome of SCOTUS case provides window into court’s view of abortion rights
The outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.
Judge reinstates credit time after DOC withholds potentially exculpatory evidence
An inmate who was one of more than 1,000 inmates in the Department of Correction with the last name “Taylor” has been granted habeas relief from a prison disciplinary proceeding, with a judge finding the man was denied due process when DOC officials failed to explain how he was selected as the correct “Taylor” in the proceedings.