Indiana man free after being sentenced in killing at age 12
An Indiana man who was sentenced as a juvenile to 25 years in prison for helping kill his friend's stepfather has been released after spending seven years behind bars.
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Opinions Aug. 1, 2017
Indiana Court of Appeals
Cody R. Hickman v. State of Indiana
27A02-1701-CR-59
Criminal. Affirms the Grant Superior Court’s determination that Cody R. Hickman was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry court program and as a condition of his probation. Finds the trial court’s conclusion that Hickman was not confined or imprisoned while living at Grace House and participating in reentry court was not clearly against the facts and circumstances before it.
Man’s drug convictions affirmed despite evidence admission error
Though the Grant Circuit Court erred in admitting certain statements as evidence during a man’s drug trial, such error was harmless, the Indiana Court of Appeals ruled Tuesday in affirming his drug convictions.
Bamberger, SKO merger complete
The merger between Evansville-based Bamberger Foreman Oswald & Hahn LLP and Kentucky-based Stoll Keenon Ogden PLLC was completed Tuesday, one month ahead of the expected closure date.
COA affirms denial of credit for time spent at halfway house
The Grant Superior Court did not err when it denied a man’s request for credit for time spent in a halfway house, as his placement at the house was not considered confinement or imprisonment, the Indiana Court of Appeals ruled.
Hearing for suspect in Indiana officer’s killing delayed
The initial court hearing for a man charged in the fatal shooting of a police officer in Indianapolis has been delayed because he remains hospitalized.
7th Circuit affirms denial of sentencing relief
Though his appellate counsel presented an underdeveloped Appellate Rule 7(B) resentencing argument to the Indiana Court of Appeals, a North Vernon man isn’t entitled to relief because his sentence is not inappropriate, the 7th Circuit Court of Appeals ruled Monday.
Fired IPS teacher’s suit remains alive in federal court
A wrongful termination claim stemming from a 2016 Indianapolis Public Schools teacher sex scandal will move forward after a district court judge determined the IPS school board commissioners violated an employee’s due process rights when they terminated her without proper notice.
Divided court reverses drug convictions for lack of probable cause
Despite a search pursuant to warrants that led to the discovery of more than 60 pounds of marijuana in a man’s Indianapolis home, the man’s drug convictions will be overturned after a divided panel of the Indiana Court of Appeals determined there was a lack of probable cause to support the issuance of the warrants.
Opinions July 31, 2017
Indiana Tax Court
William R. Larsen v. Indiana Department of State Revenue
49T10-1503-TA-8
Tax. Denies the Indiana Department of State Revenue’s motion for summary judgment in William R. Larsen’s challenge to its assessment of adjusted gross income tax for the 2013 tax year. Grants summary judgment in favor of Larsen. Finds Larsen has provided documentation that verifies the eligibility for his children for the federal dependency exemptions and shows those exemptions were allowed, so he was entitled to the Indiana dependency deductions in 2013.
Appellate court rules in favor of man’s estate on uninsured motorist claim
The Elkhart Superior Court properly found a Goshen man’s estate was entitled to recover under the uninsured motorist policy held by his employer, the Indiana Court of Appeals ruled Monday. The court interpreted the ambiguous language of the policy in favor of the estate.
Justices let stand $500k default judgment against Menards
A default judgment awarding a plaintiff $500,000 in damages in a personal injury suit against a Gary Menards store will stand after a divided Indiana Supreme Court declined to hear the home-improvement chain’s appeal.
COA reverses delinquent adjudication based on warrantless search
A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.
Wrongly jailed drug court plaintiffs lose in federal court
Plaintiffs who were jailed for months without due process in a southern Indiana drug court will take nothing in their federal lawsuit against drug court staff members and county sheriff who they say were responsible for violating their constitutional rights, a judge has ruled.
Tax Court: State can’t require SSNs to claim dependent children
A Fort Wayne man who claimed a religious objection to obtaining Social Security numbers for his dependent children was entitled to claim those children as dependents on his state tax return after the Indiana Tax Court determined Monday the man provided the necessary documentation to prove the children are his dependents.
The ‘Notorious RBG’ discusses women’s rights and pop culture
U.S. Supreme Court Justice Ruth Bader Ginsburg talked about the evolution of the women's rights movement, what it's like to be interrupted on the bench and life as a pop culture icon during a presentation Friday to a group of lawyers and judges in Sun Valley, Idaho.
Opioid crisis cause of Monroe County jail overcrowding
Monroe County authorities say the county jail is consistently over capacity largely due to Indiana's opioid crisis.
High court ruling on juvenile lifers hasn’t impacted Indiana
Many states are taking a new look at juvenile life without parole following a U.S. Supreme Court decision last year, but that ruling appears to have little impact in Indiana.
Lawyer says juror might have stolen opioid evidence at trial
An Ohio defense attorney says at least one juror may have stolen oxycodone pills during a drug trial.
Opinions July 28, 2017
Indiana Court of Appeals
In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services
52A02-1612-JC-2864
Juvenile CHINS. Affirms the juvenile court’s order denying foster parents C.R. and A.R.’s motion for return of Ale.P., Ala.P. and J.P. Finds C.R. and A.R. were not deprived of due process. Also finds the juvenile court’s judgment is not clearly erroneous.