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SCOTUS says lawyer’s brief absence doesn’t merit retrial

March 30, 2015

The  Supreme Court of the United States says a Michigan man convicted of murder and armed robbery does not deserve a new trial even though his lawyer was absent for 10 minutes during the original trial.

High court to hear Kansas plea to reinstate death sentences

March 30, 2015

The Supreme Court of the United States agreed Monday to hear Kansas' appeal to reinstate death sentences for two brothers in the fatal shootings of four people and for another man convicted of killing a couple.

Divided court lets stand suppression of pat-down evidence

March 30, 2015

Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.

Metzger finishing ILS tenure this week

March 30, 2015

Norman Metzger will spend this week cleaning nearly 46 years of work from his desk at Indiana Legal Services before beginning his retirement.

Similar entrapment argument brings different COA ruling

March 30, 2015

Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.

COA affirms policy provides property damage coverage for abandoned sand

March 11, 2015

The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.

Public defender’s brief stricken, COA orders ‘competent counsel’ appointed

March 11, 2015

The Indiana Court of Appeals reiterated Wednesday for at least the fourth time in seven years to a public defender that he cannot use the “manifestly unreasonable” argument to challenge a client’s voluntary manslaughter sentence.

Law professors warn against Indiana religious freedom bill

March 11, 2015

A bill that proponents say would further protect religious freedom in Indiana “will more likely create confusion, conflict, and a wave of litigation” because it will confer a special status to religious rights, according to a letter signed by 30 law professors.

Teen’s adjudications overturned based on unlawful search

March 11, 2015

An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.

Canine sniff not allowed, but convictions still upheld

March 11, 2015

Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.

Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015

The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”

Indiana joins New York herbal supplement inquiry

March 11, 2015

Attorneys general from Connecticut, Indiana and Puerto Rico have joined New York's attorney general in an investigation of the herbal supplement industry, saying they're building on the long track record of state attorneys general upholding the rights of consumers.

Northern Indiana county council rejects abortion ordinance

March 11, 2015

A county council in northern Indiana voted down an ordinance that would have added new local requirements for doctors who perform abortions.

Federal judiciary releases FY 2014 report

March 10, 2015

Although the federal judiciary began fiscal year 2014 on shaky financial ground, it soon saw its funding restored to pre-sequestration levels and ended the year handling a caseload almost equal to the previous fiscal year.

Accident reconstruction advances light years in the last quarter-century

March 10, 2015

Portage attorney Greg Sarkisian remembers a time when trying to convince a jury how a crash happened involved moving magnetic cars around on a board.

Opinions March 10, 2015 ILD

March 10, 2015

Indiana Court of Appeals
Robert Miller v. State of Indiana (mem. dec.)
48A02-1407-CR-478
Criminal. Affirms 16-year executed sentence for conviction of two counts of Class C felony child molesting.

Larry Young v. State of Indiana (mem. dec.)
27A02-1402-CR-109
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

C.C. v. State of Indiana (mem. dec.)
02A03-1408-JV-279
Juvenile. Affirms adjudication of delinquency for what would be Class A misdemeanor battery if committed by an adult.
 

Opinions March 10, 2015

March 10, 2015

Indiana Court of Appeals
J.B. v. State of Indiana
53A01-1408-CR-367
Criminal. Reverses denial of a petition for expungement of a conviction of Class A misdemeanor battery. The trial court erred when it denied J.B.’s petition to have records relating to his conviction expunged, citing the dismissal of the conviction after J.B. completed a one-year probation sentence. Holds that an earned dismissal of a conviction does not disqualify someone from expungement of the conviction.

Court reverses denial of termination of parental rights due to possible conflict

March 10, 2015

A trial court erred when it denied a mother’s consensual termination of parental rights petition against the father due to concerns of a potential risk of conflict of interest involving the mother’s legal counsel.

Court wrongly denied expungement of dismissed conviction

March 10, 2015

A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.

ND improves but IU law schools fall in annual rankings

March 10, 2015

Only one Indiana law school received good news with Tuesday’s release of the annual law school rankings.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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