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Opinions May 8, 2017

May 8, 2017

Indiana Court of Appeals
David Earl Ison v. State of Indiana

24A04-1607-PC-1618
Post-conviction. Grants rehearing to delete the second paragraph of footnote three in the Indiana Court of Appeals’ original opinion. Finds that the footnote erroneously concluded that Indiana Code section 35-50-2-9 contains a technical error. Affirms the original opinion in all other respects.

7th Circuit considers allowing TV coverage

May 8, 2017

The Chicago-based 7th Circuit Court of Appeals is looking into allowing TV cameras to cover some of its proceedings.

COA corrects erroneous conclusion in footnote in post-conviction case

May 8, 2017

After granting rehearing to correct an error in a footnote of an earlier opinion, the Indiana Court of Appeals has affirmed its March decision to give a Franklin County man a second chance at post-conviction relief.

Justices will decide whether sending sexually explicit images to teens is legal

May 8, 2017 | IL Staff

The Indiana Supreme Court has agreed to answer the question of whether sending sexually explicit photos to 16- and 17-year-olds is permissible under state law after granting transfer to a case involving that issue last week.

Birch Bayh to be honored at 25th Amendment celebration

May 8, 2017

Former Indiana Sen. Birch Bayh will be honored this week by the American Bar Association for his work as an attorney and for being the only non-founding father to draft two enacted amendments to the Constitution.

Supreme Court remands 1995 murder case for new trial

May 5, 2017

A man convicted of murder more than 20 years ago will have a new trial after the Indiana Supreme Court held Friday that his trial counsel performed deficiently and his appeal was not barred by the doctrine of laches.

Indianapolis man sentenced to prison in grandmother’s death

May 5, 2017

A judge has sentenced an Indianapolis man to 30 years in prison for the 2015 slaying of his 78-year-old grandmother.

Opinions May 5, 2017

May 5, 2017

Indiana Supreme Court
Trondo L. Humphrey v. State of Indiana
48S02-1609-PC-480
Post-conviction. Reverses denial of petition for post-conviction relief. Finds Trondo Humphrey has shown the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Remands for a new trial. Justices Mark Massa and Geoffrey Slaughter concur with separate opinion.

GOP-led House panel votes to overhaul Dodd-Frank

May 5, 2017

House Republicans took a major step toward their long-promised goal of unwinding the stricter financial rules created after the 2008 crisis, pushing forward sweeping legislation that would undo much of President Barack Obama's landmark banking law.

J&J loses $110M verdict over talc cancer-link claim

May 5, 2017

Johnson & Johnson was ordered by a St. Louis jury to pay more than $110 million to a Virginia woman who blamed her ovarian cancer on the company’s talcum products.

COA rejects self-defense claim against battery charge

May 5, 2017

A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.

7th Circuit affirms tax fraud convictions

May 5, 2017

The 7th Circuit Court of Appeals has affirmed the convictions and sentence of a man convicted on three tax fraud charges, finding that the district court properly excluded evidence of his corporate “meeting minutes.”

Anthem asks Supreme Court to review blocked Cigna deal

May 5, 2017

Health insurer Anthem is not ready to give up its $48-billlion bid for rival Cigna and now hopes to find a favorable audience in the U.S. Supreme Court.

Rucker farewell celebration Monday

May 5, 2017

A retirement celebration for Justice Robert D. Rucker, who will step down from the Indiana Supreme Court May 12, will take place at 12:30 p.m. Monday in the Supreme Court Courtroom.

Justices create framework for determining admissibility of immigration status

May 4, 2017

After reversing a trial court’s decision to admit a plaintiff’s unauthorized immigrant status as evidence in his case for decreased earning capacity damages, the Indiana Supreme Court laid out a new framework Thursday for determining when immigration status can be admissible.

COA recommends judge’s recusal in remand of motion to contest adoption

May 4, 2017

In a 41-page opinion handed down Thursday, the Indiana Court of Appeals reversed the dismissal of a putative father’s motion to contest adoption, finding that the adoptive parents had caused delays in the court proceedings and also noting that the judge in the case should have recused himself to avoid the appearance of impropriety.

Poll: Time spent in prison increases fears about retirement

May 4, 2017

A new survey by The Associated Press-NORC Center for Public Affairs Research found that 69 percent of older Americans who reported having being incarcerated felt anxious about the amount of money they have saved for retirement, compared with 52 percent of those who didn't serve time.

Rumors surround Justice Kennedy exit, but he’s not talking

May 4, 2017

As one justice settles into his new job at the U.S. Supreme Court, is another about to leave?

Uber’s driverless car ambitions at stake in Waymo court clash

May 4, 2017

Uber Technologies Inc. Chief Executive Officer Travis Kalanick calls driverless cars an “existential” necessity for his company. If he’s right, Uber can’t afford to lose in its court fight with rival Waymo.

Opinions May 4, 2017

May 4, 2017

Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon, and his adjudication as a habitual offender. Chief Justice Loretta Rush writes for the majority that under federal precedent, the Fourth Amendment does not require police to obtain a search warrant to gather information an individual has voluntarily relinquished to a third party — in this case, cellphone historical location data.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • ICE plans Carmel office as immigration enforcement efforts ramp up

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