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Northern Indiana judges help create state’s mock trial tradition
Standing between two judges offering different opinions on how to proceed is not a place many attorneys would want to be. However, a group of students at Adams High School in South Bend often found themselves with opposing pieces of advice from the jurists. Two sets of instructions, two judges and no chance for a recess.
Debate over health care expansion heating up
Since hospitals are seeing cuts in Medicare, they’re asking the Indiana Legislature to enlarge the Medicaid program.
Dickson’s State of Judiciary highlights interplay of judiciary, Legislature
Indiana Chief Justice Brent Dickson’s first State of the Judiciary address after 27 years on the bench produced a few collegial chuckles as he offered examples of checks and balances and noted lawmakers had rewritten laws in response to at least three Supreme Court opinions in the last year.
Sovereign citizens disavow legal system, make bogus filings aimed at police, judges
Martin Jonassen describes himself as a sovereign citizen, one of a loose affiliation of people who believe most laws don’t apply to them. Adherents also strive to make life difficult and sometimes dangerous for law enforcement and the judiciary, and Indiana lawmakers have taken notice.
Fraud trial for broker Bales begins in South Bend
The federal fraud trial of Indianapolis real estate broker John M. Bales and a partner began Monday morning in South Bend with a jury-selection process that may not have run as smoothly if it took place in central Indiana.
State may drop Bei Bei Shuai murder charge after adverse ruling
A judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney said.
Opinions Jan. 28, 2013 ILD
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL deadline.
Marion County Clerk offering sweethearts a chance to say ‘I do’ to a healthy cause
While giving your heart to your Valentine, you can also help keep other hearts healthy.
Laptops, tablets now allowed in Indiana Supreme Court
You now may use a laptop, iPad, and other tablets or computing devices inside oral arguments at the Indiana Supreme Court, so long as you get permission first, sit in the back row and keep it quiet.
Dropped charges in habitual offender sentence distinguish conflicting rulings
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
Opinions Jan. 25, 2013 ILD
Indiana Court of Appeals
David McCombs v. State of Indiana (NFP)
49A05-1111-PC-658
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.
Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
45A03-1204-JT-172
Juvenile. Affirms termination of parental rights.
Dale D. Engle v. State of Indiana (NFP)
58A04-1205-CR-244
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.
Charles Kingery v. State of Indiana (NFP)
49A02-1204-CR-317
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.
Ricky J. Thurston v. State of Indiana (NFP)
49A02-1204-CR-289
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.
D.J. v. State of Indiana (NFP)
49A02-1206-JV-490
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Paul Hoffert, Jr. v. State of Indiana (NFP)
84A05-1205-CR-273
Criminal. Affirms revocation of placement in work release.
Kip Hurt v. State of Indiana (NFP)
49A04-1206-CR-286
Criminal. Affirms conviction of Class A misdemeanor battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions Jan. 25, 2013
Indiana Court of Appeals
David Delagrange v. State of Indiana
49A04-1203-CR-144
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.
COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
Conour fraud trial set for September
A federal judge Friday morning set a new trial date of Sept. 9 for an Indianapolis high-profile lawyer accused of misappropriating millions in client funds.
Teen father not deprived by lack of guardian ad litem in termination judgment
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
13 interviewing for St. Joseph judicial vacancy
Thirteen candidates for a judgeship in South Bend are being interviewed Friday by the St. Joseph County Judicial Nominating Commission. The panel this evening will narrow the field of candidates to fill a St. Joseph Superior Court vacancy created by the retirement of Judge Roland W. Chamblee Jr.
Justices remand burglary sentence for new hearing on restitution order
A divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown out by the Court of Appeals because of insufficient evidence to support the amount of the award.
Bar Crawl 1/30/13
See who has been selected as officers and board members for the Marion County Bar Association, Indianapolis Bar Association and Indianapolis Bar Foundation.
COA rules in favor of grandchildren in will dispute
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.