Advocates push Indiana lawmakers to approve hemp cultivation
Indiana’s efforts to eradicate wild industrial hemp will soon come to an end and cultivation of the plant could soon follow.
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New lawsuit says Elkhart police obstructed shooting probe
The sister of a man Elkhart police killed two years ago contends in a new lawsuit that department leaders obstructed an independent investigation of the shooting.
Holcomb says passing hate crime law ‘long overdue’
The spray-painting of a swastika outside a suburban Indianapolis synagogue this summer was the final straw for Republican Gov. Eric Holcomb, who quickly called for Indiana to join the 45 states that have hate crime laws.
Opinions Dec. 14, 2018
Indiana Court of Appeals
Alberto Baiza Rodriguez v. State of Indiana
20A03-1704-CR-724
Criminal. Reaffirms the original holding that the Elkhart Superior Court erred in finding Alberto Baiza Rodriguez had waived his right to seek modification of his sentence imposed pursuant to a fixed plea agreement. Finds the 2018 amendments to Indiana Code section 35-38-1-17 and 35-35-1-2 were not intended to apply retroactively, and even if they were, such an application would unconstitutionally impar Rodriguez’s contractual rights under his plea agreement with the state. Remands for further proceedings. Senior Judge Robert Rucker dissents with separate opinion.
Anderson Wigwam owners lose bid in Tax Court
The company which now owns the storied Anderson High School arena, known as the Wigwam, failed to convince the Indiana Tax Court it is entitled to an injunction against the collection of property taxes based on a valuation of more than $2 million.
Man who failed to disclose property interest must divide mother’s estate with ex-wife
A woman who learned after the divorce was final that her estranged husband did not disclose his interest in his mother’s estate has gotten relief from the Indiana Court of Appeals, which found the man “made a mockery of the discovery process.”
ABA House of Delegates to reconsider revised bar passage standard
Accredited law schools could soon be operating under a revised bar passage standard if a proposal recently adopted by the Council of the American Bar Association Section of Legal Education and Admissions to the Bar moves forward. The council’s adopted proposal revises Standard 316 to require at least 75 percent of a law school’s graduates who sit for a bar examination to pass within two years of their graduation date.
Erroneous admission of evidence of prior bad act was harmless, COA says
The Indiana Court of Appeals affirmed the admission of evidence in a Wabash County case after finding that despite a trial court’s erroneous admission of evidence of a prior bad act, such an error was harmless.
On remand, divided COA again allows modification of fixed-plea sentence
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.
Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.
A look at where the investigations related to Trump stand
President Donald Trump is facing criminal investigations in Washington and New York.Here’s a look at where the investigations related to Trump stand and what may lie ahead for him.
Police: Teen, officers exchange gunfire at middle school
A 14-year-old boy who arrived at an Indiana middle school Thursday morning that was already on lockdown after a tip about potential violence shot out glass in a locked door and entered the school before exchanging gunfire with officers inside, authorities said. The boy, who police said died inside the school from an apparent self-inflicted gunshot wound, wasn’t a current student at Dennis Intermediate School in Richmond.
NW Indiana scrap dealer convicted of razing historic bridge
A federal jury has convicted a northwestern Indiana scrap-metal dealer of interstate transportation of stolen goods for allegedly demolishing a historic railroad bridge and selling the metal. Prosecutors said Kenneth Morrison and a work crew cut up the unused Monon Bridge that spanned the Grand Calumet River near downtown Hammond and sold it to Illinois scrapyards for $18,000. He also allegedly sold parts to an East Chicago scrap dealer.
Indianapolis police major losing rank for defending convict
A high-ranking Indianapolis police officer is being stripped of his rank for writing a letter defending a man convicted of rape. Michael Jefferson had been a major who served in the command staffs of current police Chief Bryan Roach and his predecessor, but is being returned to the rank of lieutenant after writing a letter asking a judge for leniency when sentencing 58-year-old Lance Fleming, who was convicted in October of rape and attempted rape.
Opinions Dec. 13, 2018
Indiana Court of Appeals
Matthew Edward Greer v. State of Indiana
18A-CR-404
Criminal. Affirms Matthew Greer’s conviction for Level 1 felony child molesting; Level 3 felony vicarious sexual conduct; Level 4 felony incest; Level 6 felony performing sexual conduct in the presence of a minor; and Class A misdemeanor resisting law enforcement. Finds the prosecutor did not commit misconduct during D.G.’s deposition, and Greer failed to establish fundamental error.
COA again addresses summarily approved commitment orders, finds timeliness waiver
The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.
Legislative leaders to focus on DCS funding, teacher pay in ‘extraordinarily difficult’ budget session
In what the Indiana House Speaker said is likely to be an “extraordinarily difficult” budget session, Indiana’s legislative leaders plan to focus their efforts during this year’s legislative session on budget-impacting legislation, such as funding for the embattled Department of Child Services and increasing teacher pay.
Father loses appeal of conviction for molesting son
A Madison County father convicted of molesting his son has lost his appeal of his conviction, with the Indiana Court of Appeals finding statements a prosecutor made during the son’s deposition were reasonable and non-threatening.
Police: Teen, officers exchange gunfire at middle school
A teenage suspect and police officers exchanged gunfire outside a Richmond middle school Thursday morning before the boy ran inside and killed himself, authorities said. Indiana State Police Sgt. John Bowling said no one else at Dennis Intermediate School or any officers were injured during the shooting.
Lake County last to adopt e-filing in 2018
Lake County has officially adopted electronic filing, making it the last county that will roll out e-filing this year. That leaves seven counties left to implement e-filing, three of which have yet to deploy the Odyssey electronic case management system.