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Opinions Aug. 24, 2016

Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.

Outlaws member denied motorcycle club’s seized property

A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.

Court divided over stop of man in movie theater

By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.

COA affirms officer’s stop of teen involved in mall ruckus

A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.

Summit focuses on coordinating efforts to fight drug abuse

State Supreme Court justices and other high-ranking officials huddled Wednesday to discuss ways to coordinate efforts to battle the drug abuse epidemic in a judicial summit involving some of the hardest-hit states.

No appeal in Indiana woman’s overturned feticide conviction

The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.

Justices: Refusal to submit to chemical test depends on circumstances of each case

The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.

Opinions Aug. 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

DOC, trial court errors lead to reversal of parole revocation

A longtime criminal who was convicted of violating his parole on an attempted robbery sentence was deprived a hearing on a corrected record and therefore is entitled to post-conviction relief, the Indiana Court of Appeals ruled Tuesday.

COA advice: Leave affirmation out of jury instructions

A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”

Moberly: Reconnecting with Our Cause

I enjoy lawyer gatherings because they affirm that the work we do is important, and we all take that very seriously, but there is also plenty of room for friendship and collegiality.