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Opinions Feb. 23, 2017

February 23, 2017

Indiana Court of Appeals
Jay F. Vermillion v. State of Indiana (mem. dec.)
84A04-1604-PC-900
Post-conviction. Reverses the dismissal of Jay Vermillion’s petition for post-conviction relief. Finds the post-conviction court abused its discretion in dismissing Vermillion’s action without holding a hearing as required by Trial Rule 41(E). Remands for either a Trial Rule 41(E) hearing or reinstatement of his action.

Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017

The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.

Republican mass protest bill softened in committee

February 23, 2017

A bill calling for Indiana authorities to use "any means necessary" to keep roadways clear during a protest was softened in a Senate committee.

Administration lifts transgender student bathroom guidance

February 23, 2017

The Trump administration on Wednesday ended federal protection for transgender students that allowed them to use public school bathrooms and locker rooms matching their gender identities.

High court ruling limits international reach of patent laws

February 23, 2017

The Supreme Court of the United States on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.

Justices side with Michigan girl in dispute over service dog

February 23, 2017

The Supreme Court of the United States on Wednesday sided with a 13-year-old Michigan girl with cerebral palsy who spent years battling school officials for the right to bring her service dog — a goldendoodle named Wonder — to class.

Indiana Senate panel advances restrictive abortion bill

February 23, 2017

An Indiana abortion bill meant to strengthen parental rights would require notifying parents when a daughter under the age of 18 pursues legal action to obtain an abortion without their consent.

Indiana Senate panel advances restrictive abortion bill

February 23, 2017

An Indiana abortion bill meant to strengthen parental rights would require notifying parents when a daughter under the age of 18 pursues legal action to obtain an abortion without their consent.

New vaping bill moves to full Senate

February 22, 2017

Less than a month after the 7th Circuit Court of Appeals affirmed a district court decision striking down the most controversial portions of Indiana’s vaping law, a new e-liquids bill designed to fall into compliance with federal regulations is moving through the General Assembly.

COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017

After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.

Valparaiso schools looking at ‘Teen Court’ discipline effort

February 22, 2017

A northern Indiana school board is exploring the idea of adding a "Teen Court" for students who get in minor trouble.

State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017

A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.

Man ruled competent to stand trial in officer’s slaying

February 22, 2017

A man accused in the fatal shooting of an Indianapolis police officer has been found competent to understand the charges against him.

Man’s forgery convictions for bogus check affirmed

February 22, 2017

A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.

Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017

A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.

Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017

A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.

Defendant’s testimony makes admission error harmless

February 22, 2017

Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.

Opinions Feb. 22, 2017

February 22, 2017

Indiana Court of Appeals
Thomas E. Stettler v. State of Indiana
18A04-1607-CR-1638
Criminal. Affirms Thomas E. Stettler’s conviction of child molesting as a Class B felony. Finds the Delaware Circuit Court’s admission of evidence barred by Evidence Rule 404(b) was harmless error. Also finds the prosecution did not engage in misconduct during closing arguments, so there was accordingly no fundamental error.

Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017

A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.

Forums scheduled to discuss race and gender

February 22, 2017

The Indiana Supreme Court’s Race & Gender Fairness Commission is inviting the public to participate in a series of discussions about the status of race and gender in the judicial system.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • New habeas corpus strategy is freeing some immigrant detainees

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

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