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Opinions Aug. 10, 2017

Indiana Supreme Court
Bob Leonard v. State of Indiana
02S00-1604-LW-185
Life without parole. Affirms Bob Leonard’s various convictions for knowing murder, arson and other charges and his sentence to two terms of life without parole and consecutive terms of years for conspiracy and arson. Finds there was sufficient evidence to support the murder convictions and a statutory aggravator. Also finds the Allen Superior Court did not abuse its discretion when it refused Leonard’s tendered, lesser-included jury instruction. Finally, finds Indiana’s LWOP statute is not unconstitutional.

Probation revocation affirmed for man convicted of raping 92-year-old woman

An Indiana trial court was not required to hold a competency hearing before revoking a man’s probation on a rape conviction because the man did not request such a hearing and did not prove that his mental illness was so severe as to relieve him of criminal responsibility for violating his probation, the Indiana Court of Appeals ruled Thursday.

Felony syringe conviction reversed for lack of evidence

An Indiana’s man felony syringe conviction has been overturned after the Indiana Court of Appeals determined the evidence was insufficient to prove the man was in possession of the syringe for an unlawful purpose.

Indiana man accused in officer death may face death penalty

An Indianapolis man accused of fatally shooting a police officer who was trying to help him following a car crash could face the death penalty if he's convicted in the officer's slaying, a prosecutor said Wednesday after the suspect made his first court appearance.

COA reverses dismissal of PCR petition

An Indiana man will get a second chance at post-conviction relief after the Indiana Court of Appeals determined Wednesday that his petition for relief was erroneously dismissed as an improper successive petition.

COA affirms finding injured employee had a change of condition

The Indiana Worker’s Compensation Board did not err when it ruled in favor of an injured employee of an Evansville media company, the Indiana Court of Appeals decided Wednesday, as the medical opinion offered by the employee was not contrary to a settlement agreement.

Alleged victim of child molesting won’t testify in abuser’s presence

An 8-year-old girl who is alleged to be the victim of sexual abuse will not have to testify in the presence of her alleged abuser after the Indiana Court of Appeals determined the trial court erred in denying motions to allow the victim to testify via closed circuit television.

Opinions Aug. 9, 2017

Indiana Court of Appeals
B.T.E. v. State of Indiana
36A05-1607-JV-1702
Juvenile. Affirms the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute conspiracy to commit aggravated battery. Reverses the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute attempted aggravated battery. Finds the Jackson Superior Court did not err in denying B.T.E.’s motion to dismiss.

DOC must provide meat-based diet to Muslim inmate at State Prison

The Indiana Department of Correction must provide a Muslim inmate at a maximum-security prison in Michigan City with kosher meals that include meat after a district judge determined that the prison’s refusal to serve the man a meat-based diet violates his religious beliefs.