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COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
Richmond Hill bombing mastermind’s conspiracy conviction affirmed
A mastermind of the deadly explosion in Indianapolis’ south side Richmond Hill neighborhood in November 2012 has once again lost an appeal of one of his many convictions, with the Indiana Court of Appeals on Thursday upholding his conviction of Class A felony conspiracy to commit murder.
Indianapolis attorney ordered back to Guantanamo Bay
Indianapolis attorney Richard Kammen, the lead defense attorney who represented the accused mastermind behind the bombing of the USS Cole, is being ordered to return to Guantanamo Bay after he and his co-counsel withdrew from the case over ethical concerns.
Opinions Oct. 25, 2017
Indiana Court of Appeals
Maimouna Coulibaly v. Eric Stevance
49A02-1702-DR-235
Domestic relation. Affirms the Marion Superior Court’s finding that it lacked jurisdiction to modify a child custody order issued in Mali in favor of Eric Stevance and against Maimouna Coulibaly. Finds Mali’s child custody laws do not violate fundamental human rights under the Uniform Child Custody Jurisdiction and Enforcement Act, so Indiana courts do not have jurisdiction to strike down the Malian custody order.
African mom in Indiana loses custody appeal to dad in Mali
An African woman currently living in Indiana must return her children to their father in Africa after the Indiana Court of Appeals found her home country’s custody laws do not violate fundamental human rights, so Indiana courts lack jurisdiction to strike down her African custody order.
Supreme Court indefinitely suspends special-needs trust lawyer
An Indianapolis lawyer suspended amid criminal charges and allegations that he stole hundreds of thousands of dollars from his clients’ special-needs trust funds has drawn a harsher rebuke from the Indiana Supreme Court for noncooperation with a disciplinary complaint against him.
Pence casts deciding Senate vote to kill consumer rule
The White House is welcoming a congressional measure killing the ability of millions of Americans to band together to sue bank or credit card companies to resolve financial disputes in a major win for Wall Street.
Indiana fertility doctor plans to change plea in case
An Indianapolis fertility doctor accused of inseminating patients with his own sperm is expected to plead guilty to charges that he lied to investigators.
Ex-school worker says he was fired for Black Lives Matter criticism
A former Fort Wayne Community Schools employee is suing the district, alleging he was wrongfully fired for publicly criticizing the Black Lives Matter movement.
Court denies state’s motion to stay Syrian refugee case
After blocking the state from banning the resettlement of Syrian refugees in Indiana, a refugee organization can continue its litigation against the state after a district court judge denied the state’s motion to stay proceedings while the Supreme Court of the United States reviews a federal travel ban.
Top power grid operator blasts Trump plan to aid coal, nuclear
The nation’s biggest electric grid operator said a Trump administration plan to change the way electricity is priced to reward coal and nuclear power is unworkable and potentially against the law.
IBF: Hoosier community involvement high, voter turnout low
Across Indiana, Hoosiers are committed to community involvement, with 40.2 percent of all Indiana residents belonging to at least one community organization, such as a church or neighborhood group. But while 61.4 percent of Americans voted in 2016, only 58.3 percent of Hoosiers did.
Reversal: Facebook post is defamation, merits damages
A southern Indiana woman who lashed out at her late boyfriend’s mother on Facebook must pay the consequences, which the Indiana Court of Appeals said Tuesday include monetary damages.
COA: Churches aren’t school property; sex offenders can attend
Three convicted Boone County sex offenders can return to their church congregations after the Indiana Court of Appeals determined that churches are not considered “school property,” so state statute cannot prohibit the offenders from going to church, even when children are present.
Opinions Oct. 24, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Arthur J. Bryant v. Richard Brown
15-3144
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Habeas. Denies Arthur J. Bryant’s petition for habeas relief from his convictions of murder, theft and obstruction of justice. The state trial court reasonably applied Strickland and Brady in denying his petition for post-conviction relief claiming ineffective assistance of trial counsel. Because the same issues are reiterated in his habeas petition, the district court’s denial of habeas relief is affirmed.
Divided COA: Workers’ comp insurance policy data confidential
A split panel of the Indiana Court of Appeals affirmed a trial court ruling that data the state collects on workers’ compensation insurance is confidential, but a dissenting judge called the majority’s decision “an open invitation to erode the transparency of governmental affairs.”
COA reversal: Trial court error would have doubled estate’s obligation
A trial court order in an intergenerational trust dispute was reversed Tuesday by the Indiana Court of Appeals, which held the court clearly erred in a ruling that would have obligated an estate to pay twice the amount it received from a prior trust.
7th Circuit denies relief for man who killed stepmom at 17
A 17-year-old whose jailhouse confession to his mother that he killed his stepmother was secretly recorded by detectives, who testified about the incriminating statement at his trial, lost his federal habeas appeal Monday after the 7th Circuit Court of Appeals upheld his sentence.