Judgment for IUSB affirmed in professor’s discrimination suit
A fired Indiana University-South Bend professor has lost his appeal of a judgment in favor of the university in his racial discrimination case.
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Judges find 2015 law unconstitutional as applied to registered sex offender
A 2015 law meant to prohibit certain sex offenders from entering school property is unconstitutional as it applies to a Howard County man who has already completed his punishment for his 2010 child solicitation conviction, the Indiana Court of Appeals ruled Thursday.
Judges reverse ‘inconceivable’ 150-week sentence for civil contempt
A trial court imposed an “inconceivable” sentence for civil contempt on a mother who was in arrears on child support payments to the guardian of two of her three children, their grandmother, the Indiana Court of Appeals ruled Thursday.
COA affirms denial of petition to terminate parental rights
A mother and father can continue on their path toward reunification with their children after the Indiana Court of Appeals determined Thursday the Department of Child Services did not sustain its burden of proof to support termination of their parental rights.
Opinions Aug. 31, 2017
Indiana Supreme Court
In the Matter of: John Downey Pierce
61S00-1703-DI-153
Disciplinary. Disbars John Downey Pierce for committing attorney misconduct by, among other things, mismanaging his trust account, converting client funds, disobeying a court order and failing to cooperate with the disciplinary process. Justices Mark Massa and Geoffrey Slaughter concur in the findings, dissent from the sanctions and would impose a three-year suspension without automatic reinstatement.
Convicted murderer to get new trial
A Marion County man convicted of murder and multiple drug charges will receive a new trial after the Indiana Court of Appeals determined the trial court erred by dismissing a juror nearly two hours after deliberations had begun.
COA does not roll over for ‘turn over’ argument
A New Castle man unsuccessfully tried to convince the Indiana Court of Appeals that since he had not signed the proper form for his release from prison, his parole had been “turned over” and it could not be revoked.
Sentence to be cut for driver who killed 2 on road crew
A speeding truck driver who smashed into a parked vehicle and killed two workers in an Interstate 69 construction zone will receive a lesser sentence after his conviction was partially vacated on appeal.
Supreme Court disbars attorney for committing a dozen conduct violations
A Rockville attorney accused of a dozen professional conduct violations for mismanaging his trust account and disobeying a court order has been disbarred.
Video shows man swinging bat at officer outside courthouse
Police released video Wednesday showing a man swinging a baseball bat at a police officer before being fatally shot outside a federal courthouse in southern Indiana.
Supreme Court to resume oral arguments with Goff on the bench
After a two-month summer hiatus, the Indiana Supreme Court will resume hearing arguments next month with its newest member sitting on the bench.
Second attorney ordered to pay fine or go to jail for practicing with suspended license
For the second time in a month, the Indiana Supreme Court has threatened to impose jail time on an attorney found in contempt if she does not pay a fine for practicing law while her license was suspended.
High court allows man’s complaint against stepmother to continue
A Delaware County man’s complaint alleging his stepmother violated her duties as trustee of his deceased father’s trust will continue after the Indiana Supreme Court upheld a finding that the trial court has jurisdiction to hear the case.
State can pursue dozens of charges against man accused of fraud, court affirms
More than 30 fraud-related charges will continue against a man accused of running a yearslong investment fraud scheme after the Indiana Court of Appeals determined the state pleaded sufficient facts to prove the man concealed evidence of his actions, thus tolling the statute of limitations.
COA finds probation condition vague, divided over fundamental error in jury instruction
The Indiana Court of Appeals agreed Wednesday that a condition of a woman’s probation after attacking her neighbor needed further clarification, but the judges disagreed as to whether her felony battery with a deadly weapon conviction should be reversed.
COA: Accused murderer entitled to bifurcated trial
A man accused of murdering a Mitchell woman is entitled to a bifurcated trial — a first phase on the murder-related charges before a second phase in which the state may introduce evidence of a prior conviction to satisfy a charge of possession of a firearm by a serious violent felon.
COA: adoption consent not required from father convicted of Class C felony
In affirming the adoption of a child without the father’s consent, the Indiana Court of Appeals found the “plain and ordinary meaning” of the state statute allowed the trial court to take into account the parent’s prior criminal acts.
Opinions Aug. 30, 2017
Michael Amos v. State of Indiana
49A04-1610-CR-2429
Criminal. Affirms the Marion Superior Court’s denial of Michael Amos’ motion to dismiss the 33 charges against him. Finds the trial court did not err in denying Amos’ motion to dismiss.
Police: Stun gun didn’t stop man smashing courthouse doors
Police in Indiana say an officer tried using a stun gun on a man who was smashing the windows of a federal courthouse before they fatally shot him.
Carmel performing arts center taps Krieg DeVault partner as new leader
The Center for the Performing Arts in Carmel announced Wednesday that it has named lawyer Jeffrey C. McDermott as its new president and CEO.