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Opinions Jan. 11, 2018

7th Circuit Court of Appeals
Frederick Michael Baer v. Ron Neal
15-1933
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the district court’s denial of Frederick Michael Baer’s petition for writ of habeas corpus with regard to the penalty phase of his trial. Affirms Baer’s convictions of robbery, theft, attempted rape and two counts of murder. Finds Baer’s trial counsel failed to challenge crucial misleading jury instructions and a pattern of prosecutorial misconduct. Also finds the state court unreasonably applied Strickland v. Washington, in denying Baer relief.

COA affirms escape conviction in home detention case

A person’s home is considered a “place of lawful detention” if the person has been sentenced to home detention, the Indiana Court of Appeals ruled Thursday in a decision that upheld a woman’s felony escape conviction.

Divided COA again allows sentence modification in fixed-sentence agreement

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

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.

7th Circuit reverses death sentence for murderer Baer

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

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

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

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

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.

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

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.

Opinions Jan. 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

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

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.

Indiana governor pledges ‘transparent’ DCS review

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

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.