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Divided COA again allows sentence modification in fixed-sentence agreement

January 11, 2018

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

Divided COA upholds absentee juvenile delinquent adjudications

January 11, 2018

A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.

Barnes to retire from Court of Appeals in June

January 11, 2018

Longtime Indiana Court of Appeals Judge Michael Barnes has announced he will retire from the appellate court bench on June 1.

7th Circuit reverses death sentence for murderer Baer

January 11, 2018

Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.

Bill restricting CBD oil set for hearing; legalization proposals wait

January 11, 2018

The fight over CBD oil in Indiana has led lawmakers to introduce numerous bills that would legalize sale of the product derived from marijuana plants, but the only measure currently scheduled for a hearing at the Statehouse would limit CBD sales to people who put their names on a state registry. The bill will be heard next week.

Justices consider delinquent adjudications for teen who threatened school

January 11, 2018

In the fall of 2015, a Seymour High School student began planning a “Columbine-style” attack on his school specifically targeting two students — a girl he had a crush on, and the other boy that girl liked. The plan was reported and foiled without any harm, but now the Indiana Supreme Court must decide whether delinquent adjudications imposed on the high school conspirator will stand.

Ex-EPA administrators to discuss policy reversals at McKinney

January 11, 2018

With the administration of President Donald Trump rolling back federal environmental regulations, two former EPA officials who served in the Obama administration will present a lecture next week titled “Reversing an Environmental Agenda: Will It Stick?”

Sweeney shows respect, humor at nomination hearing

January 11, 2018

James Sweeney II, nominee for the U.S. District Court for the Southern District of Indiana, practically breezed through his nomination hearing before the U.S. Senate Committee on the Judiciary Wednesday.

Senate committee advances Sunday alcohol sales bill

January 11, 2018

For the first time in Indiana history, a Senate committee has approved a bill allowing Sunday alcohol sales, moving the measure to the full Senate.

Rush discusses ‘hope-filled future’ during State of the Judiciary

January 10, 2018

A complete turnover in the Supreme Court bench, an expansion of judicial training options and a continued commitment to court technology has poised the Indiana judiciary in a state of hope for the future, Chief Justice Loretta Rush said today in her State of the Judiciary address.

In big-cat fight, judge scratches defamation counterclaim against PETA

January 10, 2018

A lawsuit filed by People for the Ethical Treatment of Animals against what it terms “an unaccredited roadside zoo” near Charlestown is proceeding after a judge dismissed the owners’ counterclaim that the nonprofit had defamed them in its complaint.

Former Indianapolis entrepreneur charged with real estate fraud

January 10, 2018

An entrepreneur, rapper and actor who had dreams of becoming a major Indianapolis real estate developer faces charges of securities fraud, the Indiana Secretary of State’s office said Tuesday.

Opinions Jan. 10, 2018

January 10, 2018

Indiana Court of Appeals
John Bush v. State of Indiana (mem. dec.)

34A04-1709-CR-2064
Criminal. Affirms the Howard Circuit Court’s decision to place John Bush in the Indiana Department of Correction for the two-year executed portion of his sentence for Level 5 felony burglary. Finds Bush’s placement in the DOC is not inappropriate in light of the nature of his offense or his character.

Testimony begins on Sunday alcohol sales legislation

January 10, 2018

The Indiana House Public Policy Committee received overwhelming support for proposed legislation that would allow for Sunday carryout alcohol sales during testimony on Wednesday, with retailers from both the liquor store and big-box retailers supporting the measure. A Senate panel also was to consider its Sunday sales bill.

U.S. Supreme Court takes wheel in 2 vehicle search cases

January 10, 2018

The United States Supreme Court’s justices put themselves in the driver’s seat Tuesday, hearing arguments in two cases involving vehicle searches, but it was unclear what routes the justices will take to resolve the cases.

Special prosecutor named in Indianapolis councilman’s molestation case

January 10, 2018

A special prosecutor has been appointed to oversee the case against an Indianapolis City-County councilman charged with three counts of child molestation.

Indiana governor pledges ‘transparent’ DCS review

January 10, 2018

Indiana Gov. Eric Holcomb pledged in his State of the State address Tuesday night to conduct a “transparent” review of the Department of Child Services, but offered little more than platitudes about an agency that his critics say is enveloped in crisis. “I’ll state right now: There’s no one who cares more about Hoosier children than I do, and I’ll do whatever is necessary to ensure the success of our agency and its mission.”

Judge blocks Trump decision to end DACA immigration program

January 10, 2018

A federal judge on Tuesday night temporarily blocked the Trump administration’s decision to end a program protecting young immigrants from deportation. U.S. District Judge William Alsup granted a request by California and other plaintiffs to prevent President Donald Trump from ending the Deferred Action for Childhood Arrivals program while their lawsuits play out in court.

Trump lawyer sues BuzzFeed for publishing Russia dossier

January 10, 2018

The longtime personal lawyer for President Donald Trump has filed a defamation lawsuit against BuzzFeed for publishing an unverified dossier of allegations about Trump’s presidential campaign and Russia.

Pyrz officially retired from ISBA

January 9, 2018

After more than 25 years leading the Indiana State Bar Association, Tom Pyrz left the office for the last time Jan. 5.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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 

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