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A Gary man who was sentenced to life in prison without parole for fatally shooting a Gary police officer is asking a court to review his conviction. Twenty-nine-year-old Carl Le’Ellis Blount has filed a post-conviction relief petition alleging Lake County prosecutors threatened him to get him to plead guilty to murder in the 2014 shooting death of Gary Patrolman Jeffrey Westerfield.
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
The Indiana Department of Child Services will begin using an online background check program next week, a change the department expects will expedite new employee processing by about two weeks.
A man charged with killing a Terre Haute woman whose body was found in her submerged SUV in in Vigo County is expected to be returned from Nevada soon to face trial on murder and other charges.
A judge Thursday sentenced a southern Indiana man to 65 years in prison for fatally beating a friend whom prosecutors said also was tortured.
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.
A former Ball State University math instructor has been has been sentenced to four years of probation on his convictions of child pornography and other charges stemming from his alleged use of a campus computer to access images of nude children.
Protesters gathered outside the Indianapolis office of the U.S. Attorney for the Southern District of Indiana on Friday, joining a nationwide day of action in support of immigrants’ rights and against a Trump administration policy that separates children from their asylum-seeking parents at the U.S.-Mexico border.
Kathy Osborn, a commercial litigator and trial attorney, has been named the leader of the Indianapolis office for Faegre Baker Daniels LLP. She replaces Murray Clark who now leads the law firm’s government advocacy group.
American Civil Liberties Union of Indiana plans a noon rally Friday in opposition to U.S. Border Patrol and Immigration and Customs Enforcement policies carrying out the Trump administration’s family separation order.
A father is accusing the Indiana Department of Child Services of being complicit in the death of his 5-year-old son, who died in the care of his mother and her boyfriend. A lawsuit in Morgan Superior Court contends the agency received at least 11 reports of suspected abuse before the 2016 death of Brayson Price.
Two emotions ran high during the retirement ceremony honoring Indiana Court of Appeals Judge Michael Barnes on Thursday: sadness and joy. Judges and lawyers from across the state gathered at the Indiana statehouse Thursday afternoon to pay tribute to Barnes, who will leave the court on Friday.
Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana
12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.
A mother who lives in Maryland but whose child lives in Hamilton County has lost her bid to relocate the child to the eastern state, with the Indiana Court of Appeals finding that awarding physical custody to the child’s Indiana father was in the child’s best interests.
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
The Indiana Court of Appeals reversed a trial court’s adjudication of children in need of services, finding the mother’s struggle for stable housing and her positive drug tests did not meet the Indiana Supreme Court’s standard that the children were seriously endangered. The mother told case workers she was an attorney.
The proposed amended rules for the Marion County Small Claims Courts have been publicly posted as part of the transition to becoming courts of record beginning July 1. Comments on the proposed rules will be accepted until June 29.
Juveniles involved in delinquency proceedings have a constitutional right to be present at the fact-finding hearings against them. But can that right be waived? And if so, how? The Indiana Supreme Court wrestled with those questions in a case argued Thursday.
The Indiana Utility Regulatory Commission relied on the wrong metrics to calculate a rate increase passed on to large industrial users, the Indiana Court of Appeals ruled Thursday, reversing the rate hike.