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Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of J.K., B.K., and I.R. (Minor Children) and L.R. (Mother) v. Indiana Department of Child Services
18A-JT-529
Juvenile termination. Reverses the Vanderburgh Superior Court’s termination of L.R.’s parental rights. Finds the trial court failed to afford L.R. due process rights under Indiana statute in several, separate instances. Remands for further proceedings.
Indiana Attorney General Curtis Hill is asking the nation’s highest court to reinstate the death penalty against a man convicted of killing a Madison County woman and her 4-year-old daughter, arguing the 7th Circuit Court of Appeals failed to properly defer to state court rulings when it overturned his death sentence earlier this year.
The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.
The Indiana Court of Appeals will travel south next week to hear oral arguments in two cases involving convictions following the seizure of drugs and guns.
The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.
A proposed workplace-benefits settlement of more than $13.3 million for Federal Express drivers who were wrongly classified as contractors rather than employees has been approved by an Indiana federal judge overseeing a nationwide docket of employment suits against the delivery service.
A First Amendment lawsuit alleging Indiana’s Charter School Acts violates certain religious protections will no longer proceed after a district court judge found the plaintiffs lacked standing to bring the Establishment Clause complaint.
Catholic dioceses around Indiana are preparing to celebrate the traditional Red Mass in coming weeks. Special receptions will follow each service and feature keynote speakers discussing an array of topics of interest to the legal community.
The Indiana Department of Education is planning to seek damages against a testing vendor for scoring issues and a delay in results for the state’s primary standardized test.
President Donald Trump will not answer federal investigators’ questions, in writing or in person, about whether he tried to block the probe into Russian interference in the 2016 election, one of the president’s attorneys told The Associated Press.
Speaking to a group of nearly 600 Hoosier law enforcement officers at the 2018 Indiana Law Enforcement Conference on Thursday, Attorney General Jeff Sessions touted Trump administration efforts that he said reduced violent crime in dozens of cities.
The overall pass rate for the Indiana Bar Exam continued its decline, with the July results showing 62 percent of all the takers successfully completing the test. First-time takers in July 2018 passed at a rate of 72 percent, while only 32 percent of repeat takers passed this year.
Indiana Court of Appeals
State of Indiana v. Matthew Stidham
18A02-1701-PC-68
Post-conviction. Reverses the Delaware Circuit Court’s decision to grant Matthew Stidham post-conviction relief. Finds that res judicata precludes Stidham’s claims for post-conviction relief. Also finds that that Stidham did not properly file a modification of his sentence pursuant to Ind. Code § 35-38-1-17(k) and that the post-conviction court lacked authority to modify the sentence. Judge Melissa May concurs with a separate opinion.
The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.
Post-conviction relief was revoked from a man convicted of murder and sentenced to 141 years in prison after the Indiana Court of Appeals found res judicata barred him from making a claim for relief.
An attorney for a 13-year-old boy accused of shooting a classmate and teacher at their suburban Indianapolis school said the teen will admit to carrying out the attack during a November hearing.
The Justice Department’s inspector general is investigating how the FBI handled sexual abuse allegations against former USA Gymnastics national team doctor Larry Nassar, a person familiar with the matter said Wednesday.
Ball State University has agreed to pay more than $12,000 and to revise its student activity fund allocation guidelines as part of a settlement with a pro-life student organization that sued the school earlier this summer for alleged free speech and equal protection violations.
Supreme Court nominee Brett Kavanaugh’s confirmation tumbled into highly charged arguing Thursday over whether key documents were being withheld, and one Democrat risked Senate discipline by releasing confidential material. A newly disclosed email revealed that President Donald Trump’s pick once suggested Roe v. Wade was not settled law.
Indiana Attorney General Curtis Hill has signed onto another multi-state Supreme Court amicus brief, this one challenging a 9th Circuit Court of Appeals ruling that allowed a retaliatory arrest lawsuit to proceed against Alaska police officers despite probable cause supporting the arrest.