Lawyers sought for Lung Association stair climb benefit
The central Indiana legal community hopes to reach new fundraising heights in the fifth annual American Lung Association’s Fight for Air Climb Law Firm Challenge.
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US Supreme Court sets stage for historic gay rights ruling
The Supreme Court is getting back in the marriage business. The justices agreed Friday to decide a major civil rights question: whether same-sex couples have a right to marry everywhere in America under the Constitution.
Pence’s $51M prison expansion proposal met by skepticism
Gov. Mike Pence's proposal for expanding two state prisons is drawing skepticism from some legislative leaders as it comes just months after Indiana's criminal sentencing laws changed in part to reduce the need for more prison space.
Defendant in deadly Indiana explosion agrees to plea deal
One of three people charged in a deadly Indianapolis house explosion has reached a plea agreement, prosecutors said Friday — something an outside defense attorney said could mean a stronger case against the other two.
Opinions Jan. 16, 2015 ILD
Indiana Court of Appeals
James Lee Atwood v. State of Indiana (NFP)
73A04-1406-CR-293
Criminal. Affirms sentence of three years in prison with 540 days executed in the Department of Correction for conviction of Class D felony resisting law enforcement.
Opinions Jan. 16, 2015
Indiana Supreme Court
Jeffrey A. Cleary v. State of Indiana
45S03-1404-CR-295
Criminal. Affirms multiple convictions and a 14-year sentence in a fatal drunken-driving crash imposed when Cleary was retried after a first jury deadlocked on greater criminal charges and convicted Cleary on misdemeanor and infraction counts. Justices found no statutory or constitutional double-jeopardy violations.
Strong smell of marijuana makes strip search justified
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
Regional mock trial and moot court competitions need volunteer judges
Volunteers are needed to serve as judges for the moot court and mock trial competitions to be held as part of the Midwest Black Law Students Association’s conference next month in Indianapolis.
Justices toss attempted murder conviction due to jury instruction
An Anderson gang member convicted of attempted murder will get a new trial after the Indiana Supreme Court vacated the judgment because jurors received erroneous instructions.
14-year-old Indianapolis firm recreates itself with addition of name partner
Hoover Hull founding partners John David Hoover and Andrew Hull, along with Wayne Turner, former chair of the litigation group at Bingham Greenebaum Doll, announced Friday that they are creating a new law firm focused on business litigation.
Nativity lawsuit brings new county ordinance
Franklin County Board of Commissioners approved a “public forum ordinance” this week in response to the ongoing lawsuit over a nativity scene displayed on the county’s courthouse lawn during the holiday season.
Appeals panel affirms CHINS adjudication
Two children were properly adjudicated in need of services, the Indiana Court of Appeals concluded in affirming a trial court.
Service of process fees increase under proposal in Senate
Fees sheriffs collect to serve parties in civil lawsuits would nearly double under a bill that cleared a Senate panel last week.
Federal courts warn of threatening jury duty scam calls
Federal courts are warning residents of scam phone calls threatening prosecution for failure to comply with jury service, according to an alert released Thursday by the U.S. District Court for the Southern District of Indiana.
Justices uphold convictions in second trial after partial deadlock
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
Opinions Jan. 15, 2015 ILD
Indiana Court of Appeals
Karen E. Fielder v. Brandon E. Fielder (NFP)
49A04-1405-DR-216
Domestic relation. Affirms value of retirement accounts. Remands for a more specific order showing how the marital estate was valued.
Travis Lunsford v. State of Indiana (NFP)
27A04-1403-CR-143
Criminal. Affirms convictions of Class D felonies operating a motor vehicle while privileges are suspended and resisting law enforcement, and Class B misdemeanor failure to stop after an accident resulting in non-vehicle damage.
Sean Patrick Hogan v. State of Indiana (NFP)
02A05-1404-CR-179
Criminal. Affirms convictions of four counts each of Class A felony child molesting and Class C felony child molesting, and one count of Class D felony dissemination of matter harmful to minors.
Angelo P. Dove v. State of Indiana (NFP)
45A03-1311-PC-460
Post conviction. Affirms denial of petition for post-conviction relief.
Jarrez Hughley v. State of Indiana (NFP)
49A02-1406-CR-395
Criminal. Affirms conviction of Class A misdemeanor trespass.
Leeshawn Rodgers v. State of Indiana (NFP)
20A03-1405-CR-175
Criminal. Affirms 60-year sentence for murder but reverses restitution order that Rodgers pay funeral bills. Remands for further proceedings.
Opinions Jan. 15, 2014
Indiana Court of Appeals
David Paul Brown v. State of Indiana
32A01-1405-CR-194
Criminal. Affirms conviction of Class D felony theft. Finds trial counsel was not ineffective for failing to object to a portion of Brown’s videotaped interview with a detective as hearsay and for not tendering a jury instruction on criminal conversion as a lesser-included offense.
$1.8M verdict against Walgreen for pharmacist’s data breach stands
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
Counsel’s ‘risky’ trial strategy is not considered ineffective
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
COA reverses sentence based on a ‘suspect enhancement’
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.