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Opinions Oct. 30, 2015

Indiana Court of Appeals
Brooks Berg v. State of Indiana
32A01-1504-CR-127
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor reckless driving. Berg argued the state violated his double jeopardy rights under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), when it used the evidence it had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The state conceded the argument, but the court rejected the reasoning as a misunderstanding of Richardson, because one offense required intoxication and the other required the act of reckless driving.

Panhandling laws face challenge after church signs ruling

Cities trying to limit panhandling in downtowns and tourist areas are facing a new legal hurdle because of a recent Supreme Court of the United States ruling that seemingly has nothing to do with asking for money.

Immigrants caught at border believe families can stay in US

Nearly a year after the Obama administration launched a massive public relations campaign to dispel rumors of a free pass for immigrant families crossing the border illegally, internal intelligence files from the Homeland Security Department suggest that effort is failing.

COA affirms convictions state conceded as double jeopardy

State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.

Jurists honored for longevity of service

Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.

Opinions Oct. 29, 2015

Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Sierra Club, Inc., and Valley Watch, Inc. v. Southern Indiana Gas and Electric Co. d/b/a Vectren Energy Delivery of Indiana, Inc., Ind. Utility Regulatory
93A02-1502-EX-110
Agency action. Reverses approval of Vectren’s proposal to modify current coal-powered generating stations and request for financial incentives and reimbursement from ratepayers for costs associated with the projects by the Indiana Utility Regulatory Commission. The commission erred in failing to make findings on the factors listed in I.C. 8-1-8.7-3. Remands with instructions for commission to make the required findings.

Sue Shadley memorial set for Nov. 7

A memorial service for trailblazing Indianapolis attorney Sue Shadley is scheduled for Nov. 7 at the Eiteljorg Museum of American Indians and Western Art.

Federal prosecutors have copies of alleged Fogle recordings

Federal prosecutors have copies of audio recordings a Florida woman says she made of former Subway spokesman Jared Fogle talking about sexual encounters he had with children and say they took those recordings "into account" before charging Fogle.

Dennis Hastert pleads guilty, acknowledges hush-money scheme

Dennis Hastert pleaded guilty Wednesday to evading banking laws in a hush-money scheme, averting a potentially lurid trial that could have dredged up sexual allegations by agreeing to a deal with prosecutors that recommended he serve no more than six months in prison.

Indiana Supreme Court hears police eavesdropping case

A group of police officers were "pretty blatant" when they eavesdropped on conversations between a man facing a murder charge and his attorney and later found a gun based on what they had overheard, Indiana Supreme Court Chief Justice Loretta Rush said Wednesday.