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The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
The Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish sentencing alternatives for certain offenders under the age of 18.
A letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed to fill another pending vacancy on the court.
Concerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling the state’s criminal code.
Indiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.
A public spat between the Legislature and governor’s office over tax cuts has become an overarching issue, but Indiana Speaker of the House Brian Bosma said the state should be focusing on job creation.
Indiana Court of Appeals
Victor C. Regalado v. The Estate of Joseph James Regalado, and Paula Heffelfinger (NFP)
64A03-1207-ES-322
Estate. Affirms trial court grant of motion to correct error on the basis of newly discovered evidence regarding DNA of a purported heir, remanding the matter to the trial court for further proceedings with regard to Paula Heffelfinger’s heirship.
Michael Miller v. State of Indiana (NFP)
34A04-1208-PC-405
Post conviction. Affirms denial of post-conviction relief from an aggregate sentence of 120 years in prison for conviction of three counts of Class A child molesting.
Donnie Messer v. State of Indiana (NFP)
44A03-1206-CR-303
Criminal. Affirms revocation of probation and order to serve 10 years in the Department of Correction for a conviction of Class B felony manufacturing methamphetamine.
Indiana Supreme Court
Teresa Meredith, et al. v. Mike Pence, et al.
Civil plenary/school vouchers. Affirms constitutionality of Indiana’s Choice Scholarship program, affirming a trial court’s grant of summary judgment for state defendants in a suit in which plaintiffs claimed the voucher program violated state Constitution provisions on education and religious liberties. The court held that the voucher plan is within the Legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.
Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
Indiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
The IndyBar welcomed Ron Gifford of the Central Indiana Corporate Partnership and Central Indiana Transit Task Force to present the latest business developments, legislative updates and the financial implications of bringing mass transit to Indianapolis at the first Bar Leader Series Alumni Program on Thursday, March 14.
She is a graduate of Indiana University and the Chicago-Kent College of Law. She has served as a Deputy Public Defender at the Indiana State Public Defender’s Office, the Principal Clerk of the Indiana House of Representatives, and a Donor Relations Officer at Indiana Landmarks. She is Lee Smith, and she has been served with interrogatories.
A series of resolutions passed by the ABA’s House of Delegates at the February Midyear meeting encourages the creation of policies to protect victims. One of those resolutions urges bar associations to develop more training programs to help identify trafficking victims.
As part of the leadership development curriculum of the Indianapolis Bar Association’s Bar Leader Series, the 25 members of Bar Leader Series Class X (BLS X) have been charged with creating, developing and executing service projects to benefit the Indianapolis community.
Two Hoosiers – one an academic and the other a lawyer who successfully advocated for the removal of limits on political campaign donations – are among the National Law Journal’s 100 Most Influential Lawyers in America.
Read summaries from recent Indiana appellate decisions.