COA: Trial Rule 41(E) requires hearing on PCR petition
A trial court should have followed Indiana Trial Rule 41(E) and held a hearing before dismissing an inmate’s petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
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Court orders reconsideration of petition for credit time
Because the post-conviction court denied an inmate’s petition for credit time without considering whether he had exhausted administrative remedies, the Indiana Court of Appeals sent the case back for reconsideration.
Offender on parole gets probation revocation reversed
Even though he violated the terms of his probation, an offender should not have been ordered back to jail because at his release Indiana Department of Correction made a mistake and put him on parole.
7th Circuit takes detailed look at Title VII, sexual orientation claims
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
4 Circuit judges want new trial in polygraph denial case
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
Emerging ‘rogue players’ may make legal damages harder to seize
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
Corporate lawyers argue over whether Colbert can be Colbert
After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.
Opinions July 28, 2016
Indiana Court of Appeals
Anthony J. Wampler v. State of Indiana
14A05-1510-CR-1606
Criminal. Affirms 33-year sentence for two counts of Class B felony burglary and Wampler’s status as a habitual offender. Acknowledges Wampler’s mental health problems, but he has not taken medication from 1995 until this case. Also finds sentence be appropriate given the long-term stalking Wampler has done of the victim and his criminal history. Judge Mathias dissents with opinion.
Appeal filed in copyright case of Led Zeppelin’s ‘Stairway’
Lawyers have appealed a jury decision that cleared Led Zeppelin of accusations it lifted a riff from an obscure 1960s instrumental for the intro to its classic rock anthem "Stairway to Heaven."
Judge keeps sex offender’s voting suit alive
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
Judge: Man should be civilly committed, not incarcerated
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
COA: Father should have custody of children
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
COA: Parents’ actions do not support CHINS findings
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
7th Circuit: Court needs permission to revise supervised release conditions once appealed
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
Plaintiffs lose state court challenge to anti-conflict of interest law
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
COA upholds convictions of man who targeted Burmese
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
Opinions July 27, 2016
Indiana Court of Appeals
Lisa R. Harris v. State of Indiana
83A01-1509-CR-1311
Criminal. Reverses denial of Harris’ motion to suppress evidence obtained from a consent search during a seat belt enforcement stop, which led to a Level 6 felony possession of methamphetamine charge. The officer lacked an independent basis of reasonable suspicion justifying inquiry above and beyond the seat belt violation. Remands for further proceedings Judge Najam dissents with opinion.
Elkhart County judgment exceeds med-mal cap
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
Elkhart County attorney recognized with bar foundation honor
Goshen attorney and former Indiana legislator John Ulmer has been selected for the 2016 Legendary Lawyer Award by the Fellows of the Indiana Bar Foundation.
Majority: Trooper’s questioning violated Seatbelt Enforcement Act
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.