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Police would be restricted in most cases from retrieving information from cell phones and similar devices for violation of texting-while-driving laws under a measure that passed the Indiana Senate on Thursday.
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
Indiana Court of Appeals
Robert A. Carmer v. State of Indiana (NFP)
03A04-1208-CR-427
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
David Purlee v. State of Indiana (NFP)
88A01-1210-IF-458
Infraction. Reverses entry of default judgment against Purlee for driving while suspended and remands for further proceedings.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Indiana Court of Appeals
Curtis Tyrell Cutler v. State of Indiana
71A05-1206-CR-339
Criminal. Affirms conviction of Class B felony burglary. Finds there was sufficient evidence to warrant a jury finding beyond a reasonable doubt that Cutler committed the burglary. Holds the trial court did not err in permitting the use of a statement Cutler made to police for impeachment.
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
Jay Conison, dean of Valparaiso University Law School since 1998, has been named as the new dean of Charlotte School of Law, effective April 15.
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Indiana Court of Appeals
Efren Radillo Diaz v. State of Indiana (NFP)
20A05-1209-PC-458
Post conviction. Affirms denial of petition for post-conviction relief.
Charles James Popp v. State of Indiana (NFP)
82A01-1205-CR-197
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony, nine counts of Class B felony sexual misconduct with a minor and Class A misdemeanor intimidation.
Jeannie A. Dickman v. State of Indiana (NFP)
82A01-1205-CR-202
Criminal. Affirms conviction of Class A misdemeanor conversion.
Bradley J. Oskey v. Review Board of the Indiana Department of Workforce Development and CL Schust Company, Inc. (NFP)
93A02-1203-EX-272
Agency action. Affirms denial of Oskey’s claim for unemployment compensation benefits.
Kathy J. Ragla v. Review Board of the Indiana Department of Workforce Development and Wendy's of Fort Wayne, Inc. (NFP)
93A02-1207-EX-550
Agency action. Affirms denial of unemployment benefits.
Jason A. Mejia v. State of Indiana (NFP)
20A03-1208-CR-346
Criminal. Affirms conviction of Class D felony failure to return to lawful detention.
Tami and Dennis Lockard v. Lawrence T. Newman (NFP)
49A05-1204-CC-202
Civil collection. Affirms judgment against the Lockards in Lawrence Newman’s suit for unpaid legal fees, but remands for explanation or recalculation of the prejudgment interest component.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
Columbus Regional Hospital v. Federal Emergency Management Agency
12-2007
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of FEMA on the hospital’s lawsuit seeking $20 more in federal aid following a flood in 2006. Holds the District Court is the proper venue for the hospital’s lawsuit. Rejects the hospital’s claims that it is entitled to the cost of new equipment instead of cost less depreciation and that FEMA should not have deducted from the aid the $25 million it received from insurance.
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.