Reports: Plea in child porn case signed by ex-USA gymnastics doctor
A plea deal could be in the works for a former doctor at Michigan State University and USA Gymnastics charged in federal court with obtaining and possessing child pornography.
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Indiana prosecutor creates documentary warning of drug use
A southern Indiana prosecutor is showing all middle school and high school students in his county a documentary video in an attempt to discourage heroin use among youth.
Mother’s consent to adoption not required, appeals court rules
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
Double jeopardy cuts sentence in robbery from 60 to 36 years
A trial court improperly applied sentencing enhancements to both of a criminal defendant’s robbery and conspiracy convictions, the Indiana Court of Appeals ruled Friday. The panel found a double-jeopardy violation and reduced the man’s sentence from 60 to 36 years in prison.
COA reverses dismissal of review of uninhabitable property order
A Hammond man’s petition for judicial review of an order to repair or remove an apartment in a building he owns will return to the trial court after the Indiana Court of Appeals ruled the Lake Superior Court erred in dismissing the case.
COA: Credit union did not have property right to flow of traffic on US 31
A federal credit union with a branch located in northern Indiana did not have a cognizable property right to the flow of traffic on U.S. 31 past its property and, thus, cannot claim the Indiana Department of Transportation committed inverse condemnation by refiguring that stretch of road, the Indiana Court of Appeals ruled Friday.
Appeals court affirms battery, neglect convictions despite errors
The Indiana Court of Appeals has upheld a man’s battery and neglect convictions after finding that any error in the admission of certain testimony and evidence was harmless due because the properly admitted evidence was sufficient to prove the man’s guilt.
Split COA reverses mother’s contempt finding over parenting time sessions
A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
Opinions July 7, 2017
Indiana Court of Appeals
AAA Federal Credit Union v. Indiana Department of Transportation
71A03-1609-PL-2091
Civil plenary. Affirms the St. Joseph Superior Court’s conclusion that AAA Federal Credit Union did not have a property interest in the free flow of traffic from U.S. 31. Finds the trial court did not err.
Trial court judge returning to bench after Guantanamo Bay deployment
An Indiana trial court judge who has spent the last year serving at Guantanamo Bay will return to his post in the Hoosier state this month.
Right to use HHGregg’s name and other intellectual property fetches just $400,000
Failed retailer HHGregg Inc., which racked up more than $2 billion in annual revenue prior to landing in bankruptcy this March, has sold its name and other intellectual property rights for a mere $400,000.
Indiana joins amicus brief defending Congressional Review Act
Indiana Attorney General Curtis Hill has added his name to a list of 14 state attorneys general voicing their support for the Congressional Review Act, saying the act protects the sovereignty of the states and provides them with a mechanism for relief from federal agency overreach.
Court declines to rehear sex orientation discrimination case
A federal appeals court has declined to reconsider its own ruling that employers aren't prohibited from discriminating against employees because of sexual orientation.
Lawyer in gay marriage case joins Indiana congressional race
An attorney who led the lawsuit that overturned Kentucky's gay marriage ban wants the Democratic nomination to challenge first-term Republican U.S. Rep. Trey Hollingsworth for his southern Indiana seat in 2018.
Opinions July 6, 2017
7th Circuit Court of Appeals
United States of America v. Jason Perry
16-1535
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division.
Judge Richard L. Young.
Criminal. Affirms the enhancement of Jason Perry’s sentence to 360 months’ imprisonment for two counts of being a felon in possession of a firearm and ammunition after the district court found three of his prior felonies qualified as violent felonies under the Armed Career Criminal Act. Finds Perry has not identified cases in which an Indiana court has affirmed a burglary conviction for acts inconsistent with the generic offense of burglary. Also finds Perry’s conduct supports his two separate counts.
7th Circuit: Indiana burglary is predicate offense under Armed Career Criminal Act
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
Man who mailed death threats to federal judges gets 7 years
A man who admitted mailing death threats to three federal judges in Kansas City, Missouri, while imprisoned in Indiana has been sentenced to seven years behind bars without parole.
Milhaus victorious in fight to develop $23M Meridian-Kessler apartment project
Milhaus Development LLC has won a major victory in its quest to build a $23 million apartment and retail project along North College Avenue in the Meridian-Kessler neighborhood.
States sue over EPA’s decision to keep Dow Agro pesticide on market
Several states are seeking to join a legal challenge to a Trump administration decision to keep a widely used pesticide sold by Indianapolis-based Dow AgroSciences on the market, despite studies showing it can harm children's brains.
Appellate court affirms murder conviction in Indianapolis shooting
A man’s felony murder conviction, stemming from a shooting he was involved in when he was 17 years old, will stand after the Indiana Court of Appeals found Thursday the trial court did not err in excluding evidence or in considering testimony.