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Citing opioids’ devastation, state sues Purdue Pharma
Following a two-year investigation during which time multiple Indiana cities and counties and at least 27 states filed lawsuits, Indiana Attorney General Curtis Hill announced Nov. 14 his office is leading the state of Indiana into a legal battle over prescription opioids.
Critics say General Assembly harassment proposal sidesteps key concerns
A new proposed policy is being sent to the Indiana General Assembly House and Senate ethics committees for further review before it lands in both chambers for a full vote. Even so, questions linger over whether the recommendations will change behavior and protect potential victims.
Sua sponte review by COA leads to conviction reversal
A man convicted of trying to steal a catalytic converter got his misdemeanor overturned after the Indiana Court of Appeals reviewed the matter, sua sponte, and ruled the same evidence was the fuel for two convictions.
Justices could allow suit over Apple iPhone app sales
The Supreme Court of the United States seemed ready Monday to allow an antitrust lawsuit to go forward that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
Opinions Nov. 26, 2018
Indiana Court of Appeals
Trey A. Smith v. State of Indiana
18A-CR-1023
Criminal. Affirms Trey Smith’s conviction of Level 6 felony theft. Finds the hearsay testimony offered by a Columbus police officer was a harmless error because the conviction was supported by independent evidence of guilt. Reverses sua sponte Smith’s conviction of Class B misdemeanor criminal mischief. Holds the conviction violates the rule against double jeopardy. Remands to the Bartholomew Superior Court with instructions to vacate the criminal mischief conviction.
Second gay Roncalli counselor has plans to sue
Not long after Roncalli High School guidance counselor Shelly Fitzgerald was placed on paid administrative leave because of her same-sex marriage, a second Roncalli guidance counselor announced she had filed a discrimination complaint against the school and Archdiocese of Indianapolis and plans to sue because she, too, is in a civil union.
Justices hear man’s appeal in ‘obscene matter’ case
Indiana Supreme Court justices heard argument Tuesday in the revocation of a man’s placement in community corrections when a cellphone in his possession was found to contain “obscene matter” that he was prohibited from having.
COA heading to South Bend to hear drug, handgun case
The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.
Indiana lawmakers look to update ‘Do Not Call’ law
Indiana lawmakers are looking for new ways to address illegal and unwanted telephone calls as telemarketers use technological advances to skirt the state’s telemarketing law.
Hammond man sues police, seeks damages for crash injuries
A northwestern Indiana man alleges in a federal lawsuit that he suffered a traumatic brain injury when a police officer ran a red light and struck his vehicle in 2016.
Indiana family seeks resolution in 30-year-old homicide
The father of a teenage girl who was fatally shot in a 1988 double-homicide in Brazil, Indiana, said he decided to give his first interviews about the killing in the hopes the three-decade-old case will finally be solved.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
Opinions Nov. 21, 2018
Indiana Court of Appeals
Oscar Flores v. State of Indiana
18A-CR-1632
Criminal. Reverses and remands with instructions for the Marion Superior Court to vacate one of Oscar Flores’ convictions for Level 4 felony child molesting. Finds that both convictions occurred during a single transaction, so one should be vacated under the continuous-crime doctrine.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
Appeals court orders return of $60K in seized cash
The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.
Stepdad who exposed self to teen loses indecency appeal
A northern Indiana man who exposed himself to his stepdaughter’s teenage friend has lost his appeal of his public indecency conviction and sentence, with the Indiana Court of Appeals finding sufficient evidence and the man’s criminal history supported the trial court’s decisions.
Molesting conviction vacated under continuous-crime doctrine
The Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Discrimination, retaliation claims fail in 7th Circuit termination case
The 7th Circuit Court of Appeals has affirmed a district court’s denial of a woman’s discrimination and retaliation claims against her prior employer, finding insufficient evidence to support her claim that she was terminated for taking medical leave.