Madison park focus of man’s drug conviction appeal before Supreme Court
A man’s felony drug conviction level depends on whether the Indiana Supreme Court believes he sold drugs near a public park where children were “reasonably expected” to be.
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Supreme Court: Rules of Evidence allowed admission of gun
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.
COA remands dispute over attorney fees owed to doctor
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
High court rejects new trial request in Boston murder case
The Supreme Court of the United States on Thursday ruled against a Boston man seeking to overturn his murder conviction because his lawyer failed to object when the trial judge closed the courtroom during jury selection.
Apple seeks to void patent claims, fees in Qualcomm dispute
Apple is seeking to void some of Qualcomm's patent claims and licensing agreements, intensifying its legal battle with the chip maker over the technology in iPhones and iPads.
SCOTUS limits ability to strip citizenship
The Supreme Court of the United States on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.
Pharmakon owner, compliance director face criminal charges
The owner and the director of compliance for Noblesville-based Pharmakon Pharmaceuticals Inc. have been charged with multiple criminal counts related to the sale of compounded painkillers that were as much as 25 times more potent than they should have been, the Department of Justice announced Thursday.
Suspended lawyer in estate misappropriation case receives 8-year sentence
A suspended Indiana attorney has been sentenced to eight years in prison in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
Opinions June 22, 2017
Indiana Supreme Court
Reginald Harris v. State of Indiana
45S03-1703-CR-172
Criminal. Affirms Reginald Harris’ convictions for battery against a public safety official and resisting law enforcement. Finds the Lake Superior Court was within its discretion to admit Summer Snow’s gun as evidence. Also finds that although the gun was not relevant to Harris’ crimes, he failed to seek a separate trial or a limiting instruction, thus waiving any argument that the gun’s admission denied him a fair trial.
Special judge to hear suit in deadly Indiana van crash
A special judge has been appointed to hear a lawsuit filed in a van crash that killed two immigrant workers in southwestern Indiana.
Man convicted for punching officer at Elizabeth Smart event
An Indiana jury has convicted an 80-year-old man of felony battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at a January book signing.
Man who did not knowingly waive representation to get new trial
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
Court vacates union representation, citing unclear deciding vote
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
Man’s 72-year sentence for child molestation upheld
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
Opinions June 21, 2017
Indiana Court of Appeals
James A. Hart v. State of Indiana
59A01-1607-CR-1655
Criminal. Reverses James Hart’s conviction of Class A misdemeanor invasion of privacy. Finds the Orange Superior Court did not properly advise Hart of the dangers of representing himself and, thus, he did not knowingly, intelligently and voluntarily waive his right to counsel verbally or through his conduct. Remands for a new trial.
Fort Wayne TV station seeks to broadcast doctor’s sentencing hearing
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
Court impermissibly entered convictions on 3 resisting law enforcement counts
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
Indianapolis tries to halt Carmel’s 96th Street roundabout
Four planned roundabouts on 96th Street may have hit a roadblock with the city of Indianapolis asking a court to stop the city of Carmel from moving forward with the project.
7th Circuit: District court properly granted extra time to move for appeal
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.