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Opinions June 30, 2017

June 30, 2017

Indiana Court of Appeals
Ryan Martin v. State of Indiana (mem. dec.)
75A04-1609-CR-2098
Criminal. Affirms Ryan Martin’s conviction of Level 5 felony dealing in meth. Finds the trial court did not abuse its discretion in admitting testimony indicating that he was on probation and that the rules of probation provided that he would waive his Fourth Amendment right and submit his place of residence to a reasonable search.

Southern District to block e-filing by lawyers not in good standing

June 30, 2017

Lawyers not in good standing with the federal bar for the U.S. District Court for the Southern District of Indiana will be blocked from electronic filing under rule changes taking effect July 1. A separate new rule aims to protect cooperating defendants who plead guilty.

Justices split in protective sweep case; reinstate COA opinion

June 30, 2017

The Indiana Supreme Court was evenly divided after hearing arguments in a protective sweep case as to its proper disposition, so the court has reinstated the Court of Appeals decision reversing a man’s gun conviction in the Lafayette case.

Trump commission on voting fraud asks states for voter data

June 30, 2017

President Donald Trump's commission investigating alleged voter fraud in the 2016 elections has asked states for a list of the names, party affiliations, addresses and voting histories of all voters, if state law allows it to be public. Indiana and several other states have said they won't give data to the panel.

Citizens Action Coalition sues for state records on Carrier deal

June 30, 2017

A complaint filed Friday in Marion County by Citizens Action Coalition alleges that the governor’s office has violated the Indiana Access to Public Records Act by not providing the grass-roots consumer group documents it wants about Vice President and former Gov. Mike Pence’s communications involving Carrier Corp. and United Technologies.

Justices affirm teen’s 60-year sentence for assault on jogger

June 29, 2017

The Indiana Supreme Court declined to revise a teenager’s sentence for attempting to rape a woman running in Fort Wayne in 2012, finding the 60-year sentence is not inappropriate.

Opinions June 29, 2017

June 29, 2017

Indiana Supreme Court
Jordan Jacobs v. State of Indiana
49S02-1706-CR-438
Criminal. Reverses Jordan Jacobs’ conviction of Class A misdemeanor possession of a handgun without a license. Finds the search of Jacobs by police was constitutionally impermissible. Remands for further proceedings.

Justices reverse teen’s handgun conviction

June 29, 2017

Finding police did not have reasonable suspicion to stop an 18-year-old male who was in a high-crime area where a shooting had occurred days earlier by a group of youths, the Indiana Supreme Court reversed his conviction of misdemeanor possession of a handgun without a license.

Court affirms firearms conviction after warrantless search

June 29, 2017

Evidence that a felon possessed firearms was properly admitted in his criminal case even though authorities lacked a search warrant, the 7th Circuit Court of Appeals held Wednesday. Authorities relied on permission to search from the man’s live-in girlfriend who said he had sexually assaulted her daughter and placed her in fear for her safety.

80-year sentence upheld for man convicted of killing IU student

June 29, 2017

The Indiana Court of Appeals declined to revise the 80-year sentence handed down by a Brown County judge for the murder of an Indiana University student two years ago.

DCS did not have sufficient evidence for CHINS adjudication

June 29, 2017

The Indiana Department of Child Services failed to present any evidence that a newborn’s mother did not have stable housing or that her actions seriously endangered her child, the Indiana Court of Appeals ruled Thursday in reversing a child in need of services adjudication.

Indiana Supreme Court gets additional funding for WINGS efforts

June 29, 2017

The Indiana Supreme Court is receiving another award from the American Bar Association to help expand its adult guardianship reform efforts and start a pilot project in Wayne County.

Holcomb bars criminal history question for most state job applicants

June 29, 2017

Applicants for state jobs in the executive branch will no longer be asked if they have ever been arrested or convicted of a crime.

Indiana mother sentenced to 130 years for killing children

June 29, 2017

A judge has ordered an Indiana woman who admitted to fatally smothering her two children to undergo mental health treatment before going to prison under a 130-year sentence.

Arkansas birth certificate ruling could impact Indiana

June 29, 2017

As lesbian married couples in Indiana wait on the 7th Circuit Court of Appeals to rule whether both mothers can be listed on their children’s birth certificates, the Supreme Court of the United States may have just decided the outcome of the case.

Federal judge blocks parts of Indiana’s new abortion law

June 29, 2017

A federal judge on Wednesday blocked portions of a new Indiana law that would make it tougher for girls under age 18 to get an abortion without their parents' knowledge.

Supreme Court term ended much different than it began

June 28, 2017

The U.S. Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years. Things looked very different when the justices wrapped up their work this week

Opinions June 28, 2017

June 28, 2017

Indiana Court of Appeals
Joseph Richardson v. State of Indiana (mem. dec.)
49A04-1609-CR-2196
Criminal. Affirms Joseph Richardson’s two convictions of felony child molesting, finding sufficient evidence and that the convictions do not violate the continuing crime doctrine.

Judge charged with violating Code of Judicial Conduct

June 28, 2017

A Blackford County judge has been charged with judicial misconduct related to his banning the court clerk from the county courthouse and threatening to arrest and possibly incarcerate her if she even stepped on the sidewalks surrounding the property.

State senator faces attorney discipline over handling of estates

June 28, 2017

A northern Indiana state senator faces a formal attorney discipline complaint that alleges she mishandled an estate she represented. The complaint also seeks discipline for 21 other delinquent estates in which she was attorney of record, some dating back decades.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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