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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.

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.

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.

Court affirms denial of PCR for drug offender

The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.

COA dismisses sex offender’s ‘premature’ appeal

A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.

Opinions May 31, 2017

Indiana Court of Appeals
Latorrea Denise Ware v. State of Indiana
20A03-1610-PC-2297
Post conviction. Affirms the denial of Latorrea Denise Ware’s petition for post-conviction relief. Finds Ware did not receive ineffective assistance of trial counsel because had her counsel moved to suppress evidence seized by officers who had entered her home with a valid warrant but without first clearly announcing their presence, the motion would not have been successful.

Judgment for law firm in malpractice case reversed

A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.

Lawsuit targets local rent-to-own housing operator

An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”

U.S. Supreme Court: selling product exhausts patent

In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.