Northern Indiana man gets 3 years for withholding HIV status
A northern Indiana man has been sentenced to three years in prison for having sex with women and not telling them he was HIV-positive.
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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.
Trial court, not Tax Court, to hear case involving both annexation, tax law
An Indiana trial court has jurisdiction to hear a dispute between Allen County fire departments that is grounded in both annexation and tax law as the facts of the case do not require the interpretation of “substantive tax law,” the Indiana Court of Appeals has ruled.
COA: Transgender individuals don’t have to publish intent to change gender marker
Transgender individuals in Indiana seeking to change their gender markers on their birth certificates are not required under Indiana law to publish notice of their intent to change, as there is currently no statutory authority requiring such notice, the Indiana Court of Appeals ruled Thursday.
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.
AG’s office dedicating $500,000 to replicate Indy Ten Point Coalition around the state
As part of an effort to curb a statewide increase in violent — and often drug-related — crimes, the Indiana Attorney General’s Office is offering financial resources to help cities around the state implement the crime prevention model employed by the Indianapolis Ten Point Coalition.
Membership will top to-do list for new ISBA executive director
As the new executive director of the Indiana State Bar Association, Joe Skeel is being touted for the nearly 10 years of experience he brings in running a national, voluntary membership-based nonprofit.
7th Circuit: Man convicted in Gary shooting entitled to habeas relief
A man convicted in the 2010 shooting of a Gary man is entitled to conditional habeas corpus relief for Sixth Amendment Confrontation Clause violations, the 7th Circuit Court of Appeals ruled Wednesday.
Delinquent adjudication partially reversed for student who planned to attack school
A high school student who was adjudicated as a delinquent after he sent Facebook messages about a plan to attack his school had one of his adjudications reversed after a divided Indiana Court of Appeals found insufficient evidence for a true finding of attempted aggravated battery.
Challenged statements protected by absolute privilege, COA affirms
The Indiana Court of Appeals has affirmed partial summary judgment for an Indianapolis law firm in a defamation case, finding the challenged statements made by the firm were protected by absolute privilege.
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.
Actor James Woods seeks dismissal of suit over retweet
Actor James Woods is asking a court to dismiss an Ohio activist’s defamation lawsuit against him over a comment he retweeted during the presidential campaign season.
Indianapolis man arraigned in officer’s slaying
A man accused of fatally shooting an Indiana police officer who stopped to help him has been formally arraigned.
Indiana county bars funding for needle exchange program
Officials in a central Indiana county have effectively ended its needle exchange program by cutting off funding for the two-year-old program.