Counties could be required to have paper trail for voting by 2024
A bill that would require counties using electronic voting systems to also maintain a paper trail is moving forward at the Indiana General Assembly.
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Former Carmel stockbroker sentenced to 18 months in prison
A former Carmel resident who pleaded guilty to evading taxes on more than $1.2 million in income related to the multimillion sale of a rare painting was sentenced on Friday to 18 months in federal prison.
Appeals on Wheels: COA heads north, south for handgun possession cases
The Indiana Court of Appeals will travel both north and south this week to hear oral arguments in two cases involving handgun possession without a license.
Trump says release of Mueller report up to attorney general
President Donald Trump says it’s “totally up to” his attorney general whether the public gets to read special counsel Robert Mueller’s Russia report. Acting Attorney General Matthew Whitaker said last week the probe is “close to being completed.”
Elwood school chief quits after insurance fraud
A central Indiana school superintendent has resigned after being charged with using her insurance to help a sick student receive treatment. Casey Smitherman was charged Jan. 15 with insurance fraud, identity deception and official misconduct and resigned from her post as leader of Elwood Community Schools on Friday.
Appeals court: Judge exceeded authority by doubling sentence
The Indiana Court of Appeals has ruled that a judge exceeded his authority by doubling a woman’s prison sentence to six years after she failed to timely surrender to authorities to start her term.
Split 7th Circuit: Victim hypnosis evidence wrongly withheld
An Indiana man who was “confidently” identified as the perpetrator of an Elkhart shooting after the victim was hypnotized will be allowed to go free after a majority of the 7th Circuit granted his habeas petition. The appeals court found the state court erred in not overturning the man’s conviction because the state withheld evidence of the hypnosis during trial.
Opinions Feb. 1, 2019
7th Circuit Court of Appeals
Mack Sims v. William Hyatte
18-1573
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Reverses the denial of Mack Sims’ habeas petition. Finds the state committed a Brady violation when it withheld evidence that the victim, Shane Carey, identified Sims after being hypnotized. Judge Amy Coney Barrett dissents with separate opinion.
Indiana, Kentucky join Planned Parenthood’s western alliance
Planned Parenthood’s affiliate overseeing Hawaii and three western states announced Friday that it was adding Indiana and Kentucky, a first-of-its-kind consolidation based not on geography but on reallocating resources to fight new abortion restrictions in the Midwest and South. The arrangement places Indiana and Kentucky under a Seattle-based affiliate that currently oversees clinics in Alaska, Hawaii, Idaho and Washington.
COA: ‘Significant’ DCS failures made termination of parental rights erroneous
A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.
Lake County judicial interviews rescheduled for March
Interviews for a Lake Superior Court vacancy have been rescheduled for March 11, following a postponement due to weather concerns. The interviews were initially scheduled for Thursday, Jan. 31.
Trump, Pelosi remain far apart on border wall issue
House Speaker Nancy Pelosi has declared that there’ll be no “wall money” in any compromise border security deal as she and President Donald Trump signaled congressional negotiators may never satisfy his demands for his Southwest border proposal.
Prosecutor: New charges possible in Russia probe leak case
New charges and arrests are possible in the prosecution of a U.S. Treasury Department employee accused of giving a journalist confidential banking reports related to special counsel Robert Mueller’s Russia probe, a prosecutor said Wednesday. Treasury worker Natalie Edwards, 40, is awaiting trial on charges she gave a BuzzFeed journalist reports about wire transfers made by Paul Manafort and other suspects in Mueller’s investigation.
Stone heads to court; Mueller cites potential evidence trove
Donald Trump confidant Roger Stone is due back in court Friday in the special counsel’s Russia investigation as prosecutors say they have recovered “voluminous and complex” potential evidence in the case, including financial records, emails and computer hard drives.
Indiana boy held after apparent school shooting joke involving Siri
Authorities say a 13-year-old Indiana boy is charged with intimidation after he told Apple’s digital assistant Siri that he planned a school shooting and posted an iPhone screenshot of the response on social media as an apparent joke.
Opinions Jan. 31, 2019
Indiana Court of Appeals
John L. Solomon v. State of Indiana
18A-CR-2041
Criminal. Affirms John Solomon’s conviction of Class B misdemeanor possession of marijuana, finding that the conviction is not a violation of his rights to liberty and pursuit of happiness under Article 1, Section 1 of the Indiana Constitution.
Bid to set aside murder, attempted murder convictions rejected
A man who pleaded guilty at age 15 lost his appeal on a motion to set aside his murder and attempted murder convictions when the Indiana Court of Appeals found he should have filed his argument as a claim for post conviction relief.
IU student accused of sex misconduct denied injunction
A male student accused of sexual misconduct was denied a preliminary injunction to prevent Indiana University Bloomington from suspending him as a sanction from what he called a “fundamentally unfair disciplinary process.”
Pursuit of happiness can’t blunt man’s marijuana conviction
A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.
Split COA: Maintenance not required in divorce of disabled spouse
A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.