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COA upholds admission of evidence after warrantless car search

October 18, 2018

The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.

Passenger’s drug, gun convictions from traffic stop affirmed

October 18, 2018

A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.

Appeals court rejects judge’s civil commitment as court business record

October 18, 2018

The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.

Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor

October 18, 2018

The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.

Southern District proposes amended discipline rules

October 18, 2018

The U.S. District Court for the Southern District of Indiana is seeking public comment on a proposed amendment that would completely reframe its current discipline enforcement rules.

Ex-USA Gymnastics head charged with evidence tampering

October 18, 2018

Former USA Gymnastics president Steve Penny was arrested Wednesday after a Texas grand jury indicted him, alleging he tampered with evidence in the sexual assault investigation of now-imprisoned gymnastics doctor Larry Nassar.

Hoosier among 4 convicted in dogfighting operation

October 18, 2018

Four men, including one from Fort Wayne, have been convicted in Trenton, New Jersey, for their roles in an illegal multistate dogfighting operation.

Man gets 120 years for killing 2 women in Indianapolis

October 18, 2018

A Gary man has been sentenced to 120 years in prison after being convicted of shooting and killing two women whose bodies were discovered in a burning car in Indianapolis.

Lower Indiana workers’ compensation rates take effect Jan. 1

October 18, 2018

The Indiana Department of Insurance says lower workers’ compensation rates paid by businesses will take effect Jan. 1. The agency said Wednesday the recently approved reduction averages 7.6 percent and will save businesses about $63 million.

Opinions Oct. 17, 2018

October 17, 2018

Indiana Court of Appeals
Thomas A. DeCola v. State of Indiana

18A-MI-732
Miscellaneous. Affirms the denial of Thomas DeCola’s request to expunge any and all records pertaining to a school suspension and the decision not to hold a jury trial. Finds the Jasper Superior Court did not err. Holds expungements are not subject to jury trials and the statute does not apply to school records.

Hill defends abortion law’s validity, argues idea is new

October 17, 2018

Indiana’s recent request for the nation’s highest court to review an abortion law struck down by federal courts has some legal watchers wondering whether the case could be a gateway for dismantling of abortion rights.

DCS criticized for lax notice, but mom’s termination affirmed

October 17, 2018

The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.

Habitual offender enhancement vacated for failure to inform

October 17, 2018

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

Law firm concerns factor in Bono’s USA Gymnastics departure

October 17, 2018

When former California Congresswoman Mary Bono took over as the interim president for USA Gymnastics last week, she pointed to the opportunity to "reconnect" with a sport she loved growing up. But Bono stepped down on Tuesday, with some criticizing her employment with Faegre Baker Daniels, the firm that had represented USAG during a period when gymnasts were accusing former Dr. Larry Nassar of sexual misconduct.

COA: Jury trials unavailable for expungements 

October 17, 2018

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

Supreme Court names Forkner as new CAO

October 17, 2018

The Indiana Supreme Court has named a new chief administrative officer, succeeding the former CAO who abruptly resigned earlier this year.

Trial in pipe bomb explosion at post office reset for June

October 17, 2018

A trial for a man charged in a pipe bomb explosion at a post office in northwestern Indiana has been pushed back until June.

First-ever child porn suspect on FBI list pleads guilty

October 17, 2018

The first-ever child pornography suspect named to the FBI’s Most Wanted list had Indiana ties and once had been the keyboardist for Hoosier rocker John Mellencamp.

New lawyers reminded of civility, service and family at admission ceremony

October 16, 2018

Emphasizing civility and community service, Indiana state and federal judges along with other members of the legal profession welcomed nearly 300 new attorneys to the practice of law Tuesday as part of the Indiana Supreme Court Admission Ceremony.

Opinions Oct. 16, 2018

October 16, 2018

Indiana Court of Appeals 
Steven Bethel v. State of Indiana

18A-PC-117
Post-conviction. Affirms the St. Joseph Superior Court’s denial of Steven Bethel’s successive petition for post-conviction relief. Finds that although Bethel’s trial counsel ultimately used an unsuccessful defense strategy, his counsel was not “constitutionally ineffective.” Also finds that challenging the show-up identifications would not have been a stronger or more effective strategy than what was previously chosen by Bethel’s counsel.  

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • New habeas corpus strategy is freeing some immigrant detainees

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