Indiana Supreme Court takes 4th Amendment case
The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.
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Nurse to face criminal charges for prescriptions issued at drug clinic
A registered nurse at a Wayne County clinic that treated those with addictions will face criminal charges for her role in handing out prescriptions prepared outside the usual course of professional medical practice. The Indiana Court of Appeals reversed the dismissal of those charges that was based on the fact she was not a doctor.
Common sense alone not enough in patent law, US court finds
Judges can’t rely on common sense alone when analyzing the validity of a patent, an appeals court ruled last week in a loss for Apple Inc. and Alphabet Inc.’s Google.
GM CEO Barra tells jury company flubbed fatal ignition flaw
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
Justices reinstate father’s parental rights
A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.
Indiana education committee looks at sexual misconduct
A group of Indiana lawmakers is looking at sexual misconduct in schools to see if legislation is needed in 2017 to help curb abuse.
COA affirms conviction of man who used lawyer’s identity in jail
Whether someone used another person’s identity for a lawful purpose is an affirmative defense to the crime of identity deception and not a material element of the crime, the Indiana Court of Appeals ruled in a first impression matter.
State fighting birth certificate ruling
Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.
Court grants habeas writ in case involving repealed drug statute
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
COA affirms woman in same-sex relationship legal parent of child
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
Opinions Aug. 15, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)
Prosecutors appeal 14-month sentence for ex-Indiana deputy
Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.
IU McKinney launching Child Advocacy Law Clinic
Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.
Complaints to Indiana board prompted school corp FBI probe
Complaints to an Indiana state agency prompted a federal investigation of Vigo County School Corp.'s "contracting procedures."
Kentucky lawmakers allow pricey probe of gov’s rival to move forward
A $500,000 contract awarded by Kentucky's Republican governor to Taft Stettinius & Hollister LLP in Indianapolis investigate his Democratic predecessor has survived a challenge in a state legislative committee.
Man loses challenge to robbery being a violent felony under ACCA
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
Sides in Russell estate case seeking settlement
Attorneys in the estate case of deceased Celadon Group Inc. co-founder Steve Russell say they're hashing out a settlement, a move that would cease the high-profile wrangling over his $31 million estate and curtail estate losses from legal fees.
Emails heat up lawsuit over sale of Pacers stake
Attorneys for the IRS have gotten their hands on an email that appears to buttress their case that Herb Simon received a sweetheart deal when he acquired his ailing brother Mel’s 50 percent ownership in the Indiana Pacers in early 2009, just a few months before Mel died at age 82.
Sandusky denies at appeals hearing that he molested boys
Jerry Sandusky took the stand Friday to forcefully deny the child molestation charges he was convicted of four years ago and said it wasn't his idea to waive his right to testify during his 2012 trial.
Opinions Aug. 12, 2016
Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
18A02-1512-CR-2113
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.