Mistrial declared in Evansville man’s explosives case
A mistrial has been declared in the case of an Evansville man accused of setting a fire at his apartment and leaving a bomb near a restaurant last year.
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COA senior judge reprimanded for OWI conviction
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
Report finds drug courts number 3,000 nationwide
The number of drug courts operating in the United States is 3,057, a 24 percent increase in the last five years, according to the National Association of Drug Court Professionals.
Ruling goes against Indiana’s ‘strong public policy’ of enforcing contracts
A federal judge ruled Tuesday in a lawsuit challenging the town of Fortville’s procedure for disputing unpaid water bills that class members’ constitutional rights to procedural due process trump the state’s public policy of enforcing contracts.
Opinions Aug. 3, 2016
Indiana Court of Appeals
Lynn K.C. Sines v. State of Indiana (mem. dec.)
91A05-1603-CR-544
Criminal. Affirms denial of Sines’ motion to modify his 10-year sentence.
Obama shortens terms for 214 prisoners
President Barack Obama on Wednesday cut short the sentences of 214 federal inmates, including 67 life sentences, in what the White House called the largest batch of commutations on a single day in more than a century.
FBI: 1st US law enforcement officer charged in terror sting
Prosecutors brought the first-ever federal terrorism charges against a law enforcement officer in the U.S., alleging Wednesday that a patrol officer with the D.C. region's Metro Transit Police was caught in sting buying about $250 worth of gift cards for the Islamic State group.
JPMorgan settlement with Indiana draws interest of other states
JPMorgan agreed on July 28 to pay $950,000 to settle claims by the Indiana secretary of state that the bank failed to disclose conflicts of interest to wealthy clients.
Kentucky hires Indy law firm to probe former governor
Kentucky Gov. Matt Bevin has approved a contract of up to $500,000 for an Indianapolis law firm to investigate his predecessor's administration.
Inmates secure after setting fire at eastern Indiana jail
Inmates are secured at an eastern Indiana county jail after officials say they started a fire to try to disable locks and access a common area.
Pokemon goes to court in backyard monster trespassing case
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
Judge blocks release of Trump’s video testimony
A federal judge who has been a target of Donald Trump's repeated scorn on Tuesday denied a media request to release videos of the Republican presidential candidate testifying in a lawsuit about the now-defunct Trump University — images that Trump's attorneys had argued would have been used to tarnish the campaign.
Defense attorney: Police botched investigation
A man accused of killing an Indiana University student is the victim of a botched police investigation, his attorney told jurors on Tuesday, but prosecutors noted that the victim's blood and hair were found in his vehicle.
Opinions Aug. 2, 2016
Indiana Court of Appeals
State of Indiana v. Wallace Irvin Smith, III
45A05-1507-CR-945
Criminal. Affirms grant of Smith’s petition for alternative misdemeanor sentencing. Indiana Code 35-50-2-7(d) (2014) permits the trial court to modify his sentence and the language in Smith’s plea agreement did not preclude it.
Interactive files federal patent suit against competitor
Indianapolis-based Interactive Intelligence Inc. has filed a federal patent lawsuit against Avaya Inc., a competitor with which Interactive Intelligence also had a long-standing patent license agreement.
Indianapolis sues emergency dispatch provider for $8.3M
The city of Indianapolis is suing a North Carolina-based public safety software provider for breach of contract, saying it failed to adequately complete a job to install a new computer-aided dispatch system for police, fire and emergency use.
Legislators plan to introduce bills to protect law enforcement and their families
Two Republican members of the Indiana General Assembly have announced just days apart their intentions to introduce legislation in response to recent threats against police officers and the shooting of an off-duty police officer’s home and squad car in Indianapolis.
Judges divided over sentence review under Appellate Rule 7(B)
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
Statute, plea agreement do not preclude converting felony to misdemeanor
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
State won’t appeal order blocking abortion law
A federal judge’s order blocking a divisive and restrictive abortion law signed this year by Gov. Mike Pence will not be appealed, Indiana Lawyer has learned. The decision not to appeal at this time effectively punts a decision on a possible future appeal to new state office-holders to be elected in November.