COA affirms drug conviction, sentence
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Indy judicial selection bill revised: Bar groups out, vote in
Indianapolis voters would elect four of 14 members of a proposed committee to nominate Marion Superior Court judges under a revised bill that eliminates bar group representation on the panel and continues to draw opposition from African-American lawmakers and community members.
Delinquency findings upheld against student who threatened to bomb school
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
‘Ban the box’ Senate bill passes House
As the Indiana General Assembly moves closer to the end of the 2017 long session, state legislators are beginning to hold their final votes on various bills, including legislation on “ban the box” provisions.
Indy attorney publicly reprimanded after immigration case
An Indianapolis attorney accused of encouraging a client to falsify federal immigration documents has been publicly reprimanded by the Indiana Supreme Court.
Civil filing fee extension going to governor
The bill extending the $1 surcharge on civil legal filings is headed to the governor’s desk.
Insurers deny claims based on questionable cell tower data
It took Jaclyn Bentley nearly three years to prove she didn't burn her house down for the insurance money, allegations she and her lawyer say were born of the junk practice of analyzing cellphone tower data.
Supreme Court rules man cannot convert felony theft conviction
A Lake County man will retain his felony theft conviction after the Indiana Supreme Court ruled Tuesday that an amendment to Indiana Code does not invalidate the man’s agreement to not seek misdemeanor treatment.
Trump signs order rolling back environmental efforts
President Donald Trump has signed an executive order that will roll back many of former President Barack Obama's efforts to curb global warming. The order is aimed at helping spur American energy jobs.
Lawsuit seeks data over searches of electronics at US border
A group of First Amendment attorneys sued the Trump administration on Monday over access to data showing how often U.S. citizens and visitors had their electronic devices searched and the contents catalogued at American border crossings.
Lawsuits: Hackers stole customer data at 1,000 Arby’s stores
Georgia-based Arby's restaurant chain failed to prevent hackers from stealing customer information at hundreds of its stores, a Connecticut couple said in a new federal lawsuit.
Indiana woman gets 12 years for neglect of malnourished teen
An eastern Indiana woman has been sentenced to 12 years in prison for the neglect of her 15-year-old niece who weighed just 40 pounds when she was admitted to a hospital.
Opinions March 28, 2017
Indiana Supreme Court
State of Indiana v. Wallace Irvin Smith, III
45S05-1611-CR-572
Criminal. Reverses the Lake Superior Court’s grant of Wallace Irvin Smith III’s petition to convert his Class D felony conviction of theft to a Class A misdemeanor pursuant to the amendment to Indiana Code 35-50-2-7. Finds the subsequent legislative amendment did not alter the unambiguous terms of Smith’s plea agreement, which held that he would be “precluded from asking for Misdemeanor treatment.”
Sales of Polar Pure brings forfeiture dispute to US Supreme Court
The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.
COA affirms judgment for insurance company in work zone complaint
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
Memorial service planned for late IU McKinney dean William Harvey
William Harvey, former dean and professor at Indiana University Robert H. McKinney School of Law, will be remembered at a special memorial service in his honor.
Full House to hear ‘sanctuary campus’ bill
An Indiana Senate bill that faced widespread criticism for its prohibition of so-called “sanctuary campus” policies at Indiana colleges and universities is now headed to the full House for consideration, though in a much different form than what was considered by the Senate.
Supreme Court takes multiple evidence admissibility appeals
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
COA remands child support case
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
Opinions March 27, 2017
Indiana Court of Appeals
Mark H. Miller, II v. Leigh Anne Miller
49A02-1604-DR-817
Domestic relation. Affirms the Marion Superior Court’s finding Mark H. Miller II is voluntarily underemployed. Reverses the trial court’s determination of his imputed income. The trial court did not clearly err in finding that Miller was voluntarily underemployed when he was simultaneously the children’s primary caregiver and a part-time college student during his marriage to Leigh Anne Miller, but he is now no longer the children’s primary caregiver. Finds the trial court determined his imputed income without evidence of prevailing job opportunities and earnings levels in the community. Remands for a hearing.