Howard County jail population surges
The Howard County jail has seen a population increase of nearly 100 more inmates from this time last year, 40 of whom are the result of legislation meant to ease the Indiana Department of Correction's burden.
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Opinions July 22, 2016
Indiana Court of Appeals
Santiago Valdez v. State of Indiana
18A02-1509-CR-1514
Criminal. Affirms conviction of Class B felony attempted rape and Class C felony criminal confinement. While a prosecutor’s hint during closing arguments that defense counsel improperly influenced an expert witness constituted prosecutorial misconduct, the trial court’s prompt admonishment prevented Valdez from being placed into grave peril. The trial court made no evidentiary errors. Admonishes Delaware County deputy prosecutor Eric Hoffman regarding ‘wild, baseless accusations of misconduct’ hurled at defense counsel.
Pence’s candidacy could prevent Illinois man’s pardon
Gov. Mike Pence's spot on Donald Trump's presidential ticket may jeopardize a wrongfully convicted man's pardon request in Indiana.
Man’s ineffective assistance of counsel claim fails
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
COA admonishes prosecutor’s misconduct, doesn’t reverse conviction
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
Reversal: HHGregg prevails in appeal over managers’ bonuses
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
COA: Buyers had notice property was under lease
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.
Marion County judge moves civil forfeiture case forward
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
Wal-Mart shoplifter’s resisting conviction affirmed
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
COA tosses feticide conviction, says statute doesn’t apply to self abortion
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.
Courtroom named in honor of Judge Sarah Evans Barker
In recognition of District Judge Sarah Evans Barker’s more than 30 years of service on the federal bench, the U.S. District Court for the Southern District of Indiana has named a courtroom in her honor.
COA upholds mother’s neglect conviction for causing son’s health issues
The Indiana Court of Appeals, acknowledging differing expert testimony in a mother’s neglect of a dependent case, declined to reweigh the evidence and upheld her Class B felony conviction.
Justices disbar Goshen attorney for UPL while suspended
The Indiana Supreme Court has decided the sanction for a Goshen attorney’s repeated practice of law while suspended: disbarment.
Appeals court sends request for benefits back to Social Security office
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
Opinions July 21, 2016
Indiana Supreme Court
In the Matter of: Joseph C. Lehman
20S00-1507-DI-431
Discipline. Disbars Lehman for unauthorized practice of law while suspended. Previous sanctions have not deterred him from continuing to engage in the practice of law in defiance of his suspension order, and his repeated violations have exposed the public to the danger of attorney misconduct by him.
Justices uphold Jay County teachers’ CBA
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
Woman sues state over untimely insurance enrollment
A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.
Recommendation of plea document passes ‘duck test’
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
Judges affirm grant of senior living facility’s arbitration motion
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
7th Circuit: Judge should have disqualified herself in sentence challenge
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.