60-year sentence for abduction, slaying of Indiana toddler
A southern Indiana man accused of kidnapping, raping and killing a 15-month-old girl was sentenced Monday to 60 years in prison after a judge accepted his plea agreement.
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COA affirms dismissal of PCR petition
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
Acupuncture clinic fails to prove point before COA
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
Judges divided on retrial for voluntary manslaughter
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
Opinions Feb. 24, 2017
Indiana Court of Appeals
Emmett Reece Sandoval v. State of Indiana
21A01-1609-CR-2027
Criminal. Reverses the Fayette Circuit Court’s order that the balance of Emmett Reece Sandoval’s $2,000 bond be held in trust to be applied toward possible future appellate public defender fees. Finds it was an error for the trial court to hold the balance of Sandoval’s bond in trust. Remands with instructions to the clerk of the Fayette County Court to return the balance of Sandoval’s bond immediately.
Toddler’s testimony supports adjudication as a delinquent
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
COA affirms sentence for man who violated drug court rules
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
Judges reverse resisting law enforcement conviction
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
COA affirms denial of motion to suppress traffic stop evidence
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
COA reverses judgment in favor of law firm in legal malpractice case
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
COA orders return of bond balance
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
COA rules aggravating factors support consecutive sentences
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
Supreme Court could decide transgender case. Or not.
Both the transgender teen who sued to use a boys' bathroom and the Virginia school board that won't let him still want the U.S. Supreme Court to issue a definitive ruling in their ongoing dispute, even after the Trump administration retreated from an Obama-era policy on bathroom use.
Justice Ginsburg praises media and the role of free press
Supreme Court Justice Ruth Bader Ginsburg is praising the media at a time when the Trump administration has accused reporters of being dishonest and delivering "fake news."<
4 charged in death of 9-year-old boy with cerebral palsy
A judge entered not guilty pleas Thursday on behalf of four people charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy.
Senate OKs legislative employees bringing guns to work
Legislative employees could join lawmakers in carrying handguns in the Indiana Statehouse under a measure advanced by the Senate.
Attorneys of man accused of eating girlfriend say he’s not competent for trial
Attorneys for a southern Indiana man accused of killing his former girlfriend and eating parts of her body in 2014 say he's not competent to stand trial.
ACLU, others speak out against Trump’s repeal of transgender bathroom directives
The American Civil Liberties Union of Indiana and other civil rights advocacy groups are speaking out against the Trump administration’s decision to rescind federal guidelines protecting transgender students in school restrooms, calling the move dangerous and irresponsible.
Justices question meaning of EBITDA in HHGregg manager bonus case
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
Trump’s immigration crackdown likely to bring lawsuit flood
President Donald Trump’s plan to round up and deport millions of undocumented immigrants is likely to trigger waves of lawsuits that may soon dwarf the legal fight over the administration’s temporary ban on travelers from seven Muslim majority countries.