Lake County judge appointed; finalists named for second vacancy
Indiana Gov. Eric Holcomb has appointed a magistrate judge as the newest judge of the Lake Superior Court and will soon begin the process of filling another Lake County court vacancy.
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Opinions Dec. 4, 2018
Indiana Supreme Court
Lori Barcroft v. State of Indiana
18S-CR-135
Criminal. Affirms Lori Barcroft’s conviction of guilty but mentally ill in the murder of Jaman Iseminger. Finds that evidence of Barcroft’s demeanor, taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness, was sufficient to support an inference of sanity. Also finds that a factfinder may discredit expert testimony and rely instead on other probative evidence from which to infer a defendant’s sanity. Justice Christopher Goff dissents with separate opinion, which Justice Geoffrey Slaughter joins.
Indiana Supreme Court calls for review of bar exam
Amid slumping passage rates, the Indiana Supreme Court has created a special commission to review the state’s bar exam and make recommendations for changes in format or content, including whether to modify what is considered a passing score.
COA affirms dismissal of annexation fiscal plan challenge
The Indiana Court of Appeals affirmed the dismissal of a Dayton resident’s complaint for declaratory judgment against the town when it found meritless her assertions that a fiscal plan for a proposed annexation was “inadequate.”
Pat down search at overdose scene not improper, COA says
The Indiana Court of Appeals affirmed a man’s conviction and sentence for dealing in a narcotic drug after it concluded his Fourth Amendments rights were not violated, nor was his sentence inappropriate.
Divided justices uphold guilty but mentally ill verdict in Southport pastor’s murder
A bench verdict of guilty but mentally ill against a woman twice convicted — and twice cleared by reason of insanity – in the 2012 shooting of a Southport pastor will stand after a majority of the Indiana Supreme Court found sufficient demeanor evidence to reject the woman’s insanity defense. But the two-justice dissent pointed to testimony from three experts to support their opinion that Lori Barcroft was unable to appreciate the wrongfulness of her conduct at the time of Jaman Iseminger’s murder.
Citing lackluster briefing, court gives trooper another chance in panhandler’s suit
Lamenting the “limited utility” of the parties’ briefing on cross-motions for summary judgment, a district court judge has denied summary judgment to an Indiana State Police trooper sued after arresting a man for a form of panhandling but is giving him another chance to defeat a summary judgment ruling in favor of the arrestee.
AG Hill, through deputies, asks for $5 million budget increase
Embattled Indiana Attorney General Curtis Hill wants lawmakers to increase his budget by about $5 million, despite previously drawing their ire for spending $300,000 on office renovations and a van with his name emblazoned on the side.
Indiana man gets $47K in excessive force lawsuit
A man who alleged that a Gary police officer attacked him during a traffic stop because he was having an affair with the officer's wife has reached a settlement with the city.
Indianapolis police testing mental illness screening tool
Indianapolis police are testing a new screening tool that’s intended to divert people suffering from mental illness to treatment and care, rather than sending them to jail.
Twelve states sue Indiana medical firm over data breach
Indiana is among a dozen states suing a Fort Wayne health records company over a data breach that compromised information of more than 3.9 million people.
Opinions Dec. 3, 2018
7th Circuit Court of Appeals
United States of America v. Robert D. Taylor
18-1545
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Robert Taylor’s sentence of 135 months in prison for his conviction of one count of possession of child pornography. Finds the government did not breach Taylor’s plea agreement and fulfilled its obligation to advocate for a within-guidelines sentence. Also finds Taylor’s stipulations in the agreement waived his right to appeal two sentencing enhancements. Finally, finds the district court did not err in sentencing Taylor.
IU Maurer professor under Title IX investigation
Associate law professor Ian Samuel, who joined the faculty at Indiana University Maurer School of Law this fall and is a co-host of the popular "First Mondays" podcast on the U.S. Supreme Court, is under investigation for alleged Title IX violations, according to Indiana University.
Justices reject environmentalists’ appeal over border wall
The United States Supreme Court is rejecting an appeal from environmental groups trying to stop President Donald Trump from building a wall on the U.S.-Mexico border, even as other legal action against the wall is ongoing.
7th Circuit upholds child porn prison sentence
A Bedford man sentenced to more than 11 years in prison after pleading guilty to possession of child porn has failed to convince the 7th Circuit Court of Appeals to order a resentencing, with the court finding that the terms of the man’s plea agreement were not breached.
COA to hear post-conviction, attempted murder cases
The Indiana Court of Appeals will hear arguments this week in a murder case and on two post-conviction petitions.
Washington to pay respects, bid farewell to George H.W. Bush
George H.W. Bush is set to embark on his final tour of Washington, the capital city that is remembering the 41st president’s lifetime of public service that began in the Navy during World War II, ended with one term as president and was characterized throughout by what admirers say was his innate decency, generosity and kindness.
Judge: Woman can’t keep pet pigs in Anderson
A judge has ruled that a woman can’t keep her three miniature pigs within the city limits of her central Indiana community. Madison Circuit Court Judge George Pancol rejected Lily Harsh’s appeal of a 2017 decision by the Anderson Board of Zoning Appeals to deny her a zoning variance to keep the pet pigs.
High court rejects request to reinstate murderer Baer’s death sentence
The U.S. Supreme Court has rejected a request by Indiana’s attorney general’s office to reinstate the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter. Monday’s decision leaves in place a federal appeals court ruling that threw out Frederick Baer’s death sentence because he had ineffective legal counsel. He’ll now be resentenced by an Indiana court.
Target in Mueller probe files complaint against prosecutors
A conservative author in the crosshairs of special counsel Robert Mueller’s investigation has filed a complaint with the Justice Department, alleging prosecutors tried to coerce him to give false testimony. Jerome Corsi said Monday the prosecutors were trying to entice him to lie to a grand jury and threatened to indict him.