Prosecutors hail new DNA, anti-drug laws
Indiana prosecutors joined Gov. Eric Holcomb Thursday as he signed two bills prosecutors said are essential to law enforcement’s ability to build criminal cases.
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ABA supports Supreme Court review of ‘enemy combatant’
A Guantanamo Bay detainee, represented by Indianapolis criminal defense attorney Richard Kammen, has picked up support from the American Bar Association in his challenge to the validity of the military tribunal to try him.
Justices weigh restitution order linked to car theft
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
Woman pleads guilty, mentally ill, of killing her 2 children
An Indiana woman pleaded guilty Thursday to smothering her two children last fall after abducting them from their custodial grandparents’ home.
ABA president addresses ISBA solo, small firm conference
The legal industry is evolving quickly, with technological advancements and societal shifts making the traditional paper-and-pencil model of practicing law nearly obsolete. But for solo and small firm attorneys, the administrative burdens of simply running their firms can significantly eat into the time they would otherwise devote to developing new and more efficient methods of doing their work.
Man gets 86 years in killing, kidnapping case
A central Indiana man convicted of killing another man and forcing his estranged wife and three children to flee with him to Minnesota has been sentenced to 86 years in prison.
Indiana man charged in crash that killed girl, 6
A central Indiana man accused of causing a highway crash near Muncie that killed his girlfriend's 6-year-old daughter has been formally charged in the deadly crash.
Anderson lawyer pleads guilty in estate misappropriation case
Suspended Anderson attorney Stephen Schuyler has pleaded guilty in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
COA: Indiana death penalty protocol ‘void’
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.
Title VII sexual orientation cases bubbling in federal courts
As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.
ACLU, solicitor general argue to justices over DCS caseloads
Opposing counsel and the justices of the Indiana Supreme Court were agreed on one issue during oral arguments Thursday in a case involving the Department of Child Services – family case managers are the “backbone” of the work DCS does for Hoosier children.
7th Circuit: Officer had reasonable suspicion to prolong traffic stop
The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.
Senate Republicans appoint new chief legal counsel, chief of staff
A longtime member of the Indiana Senate Republicans legal staff has been appointed chief legal counsel for the Senate majority, which also announced a new chief of staff.
DUI refusal requires retest after insufficient sample
Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.
Opinions June 1, 2017
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Keyaunna Hurley v. State of Indiana
49S05-1705-CR-346
Criminal. Reverses the suspension of Keyaunna Hurley’s driving privileges. Finds the procedures for administering a chemical breath test required a second test on this record after Hurley’s first test produced an insufficient sample. Also finds unless a subject clearly manifests an unwillingness to submit to a chemical breath test, Title 260, Section 2-4- of the Indiana Administrative Code requires law enforcement to administer a second test if the first returns an “insufficient sample” message.
Court: Indiana death penalty protocol ‘void’
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Department of Correction’s execution protocol.
Indictment: 35 trafficked cigarettes, synthetic drugs
Federal prosecutors in St. Louis say three dozen people from Indiana and five other states have been indicted on felony charges related to money laundering and the trafficking of cigarettes and synthetic drugs.
Man charged in Elkhart slaying says he met victim online
A 22-year-old man charged with murder in the slaying of a former northern Indiana city councilman told detectives he met the victim after responding to an online advertisement for casual encounters, court documents say.
COA affirms denial of reinstatement petition for lack of good cause
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.
Appellate panel dismisses case already pending in another trial court
A Marion Superior court erred in denying a man’s motion to dismiss a transfer action against him after police seized nearly $50,000 in suspected drug money from him because an active case related to the transfer was already pending in another court, the Indiana Court of Appeals has ruled.