Supreme Court pulls plug on audio-video transcript pilot project
Transcripts generated by video cameras have had their day in court in Indiana. The verdict is in favor of keeping paper records.
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Expected changes to Patriot Act better, says IU Maurer cybersecurity expert
The failure of the U.S. Senate to reauthorize parts of the Patriot Act surprised cybersecurity expert Fred Cate, but he hesitated to describe the expiration of the legislation as a major shift in current policy.
Indiana team gets SCOTUS reversal on deportation case
Characterizing the government’s argument as making “scant sense,” the Supreme Court of the United States reversed the deportation order of a lawful permanent resident convicted for carrying a controlled substance in his sock.
Justices reject Arizona no-bail law; OK immunity in prison suicide
The Supreme Court of the United States on Monday rejected an Arizona county’s attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
Indiana Supreme Court to review police search struck down by COA
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
Opinions June 1, 2015
7th Circuit Court of Appeals
Shane Kervin v. La Clair Barnes, et al.
14-2983
U.S. District Court, Northern District of Indiana, South Bend Division, Judge James T. Moody. Affirms dismissal of Kervin’s 42 U.S.C. § 1983 suit alleging that as a prisoner, his rights were violated when he was placed in solitary confinement and denied privileges as punishment for complaining about a delay in being allowed to see his attorney. The court ruled Kervin’s backtalk to guards was the basis for his punishment, which was neither “atypical,” “significant,” nor “a dramatic departure from the basic conditions” of his sentence as required for such claims under Sandin v. Conner, 515 U.S. 472, 484-85 (1995).
High court throws out conviction for Facebook threats
The Supreme Court of the United States on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
SCOTUS: Bankrupt homeowners can’t void second mortgage
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
Indiana justices to weigh Lake County small precinct law
The Indiana Supreme Court will hear arguments Thursday over a law that requires Lake County officials to study whether to consolidate election precincts with fewer than 500 active voters.
7th Circuit affirms solitary confinement; cautions against it
An Indiana inmate’s 30-day stint in solitary confinement at the Miami Correctional facility didn’t violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.
Justices rule for Muslim denied job over hijab
The Supreme Court of the United States ruled Monday for a Muslim woman who did not get hired after she showed up to a job interview with clothing retailer Abercrombie & Fitch wearing a black headscarf.
Trial date set for Indiana man charged with 2 women’s deaths
An Indiana man charged with strangling two women and suspected of killing five others whose bodies were found in abandoned houses last fall faces a June trial unless defense attorneys request a delay.
Opinions May 29 2015 ILD
Indiana Court of Appeals
Mitchell Sigman v. State of Indiana and Sharon Hawk (mem. dec.)
46A05-1411-CT-516
Civil tort. Affirms dismissal of complaint
Tony Julian v. State of Indiana (mem. dec.)
48A02-1407-CR-477
Criminal. Affirms convictions for Class B felony dealing in methamphetamine; Class D felony counts of possession of precursors with intent to manufacture a controlled substance and maintaining a common nuisance; and Class A misdemeanor false informing.
Opinions May 29, 2015
Indiana Court of Appeals
State of Indiana v. Scott Zerbe
49A05-1410-MI-463
Criminal. Reverses a trial court ruling granting Zerbe’s petition to remove his name from the Sex Offender Registry. Zerbe was required to register as a sex offender for a Michigan offense committed in 1992 when he moved to here in 2012. Indiana’s Sex Offender Registry, enacted in 1994, is not unconstitutional as applied to Zerbe.
COA affirms attempted murder conviction, denial of insanity defense
A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.
Judge: Lawyers have responsibility to correct bench errors
A man’s appeal of his sentence for marijuana-related convictions was denied in a memorandum decision Friday, but an appellate judge wrote the case wouldn’t have been there had a prosecutor or defense lawyer spoken up when a judge erred.
Free legal aid program changing lives, but future uncertain
The most common problems people bring involve debts, collections and federal taxes.
Split COA: 1992 Michigan sex offender required to register in Indiana
A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.
Legislature turns to attorney to lead new ethics office
A longtime legislative attorney has been tapped to lead the state’s new Office of Legislative Ethics.
Opinions May 28, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)
47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.
S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.
Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.
Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.
David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.
Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.
Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.
Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.
Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.
Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.