Bill on competency to stand trial advances to full House vote
The full Indiana House of Representatives on Monday will take a final vote on a bill dealing with the process of determining whether a defendant is competent to stand trial.
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OxyContin marketer agrees to pay $350M rather than face lawsuits
An advertising agency that helped develop marketing campaigns for OxyContin and other prescription painkillers has agreed to pay U.S. states $350 million rather than face the possibility of trials over its role in the opioid crisis.
Opinions Feb. 1, 2024
Court of Appeals of Indiana
J.G. v. State of Indiana (mem. dec.)
23A-JV-113
Juvenile. Affirms and reverses in part J.G.’s adjudication as a delinquent for what would be Level 4 felony child molesting, Level 5 felony criminal confinement and Level 6 felony dissemination of matter harmful to minors if committed by an adult. Finds the admission of hearsay testimony was harmless. Also finds insufficient evidence supports the Marion Superior Court’s true finding on the Level 6 felony. Finally, finds the scrivener’s error should be corrected. Remands with instructions to correct the scrivener’s error.
Details of conditional agreement between Rokita, Disciplinary Commission unsealed
| IL Staff
In agreeing on a public reprimand for Indiana Attorney General Todd Rokita, the Indiana Supreme Court Disciplinary Commission looked to the prior discipline of another elected official.
Inmate suing jail officials for allegedly taking photos of her genitals, threatening to tase her
An inmate who alleges jail officers took photos of her genitals and threatened to tase her without provocation is suing those officers and the Henry County sheriff for constitutional violations.
IU McKinney formalizes relationship with French university
| IL Staff
Indiana University Robert H. McKinney School of Law has entered into a formal relationship with a French university.
Madison Circuit Judge Norrick facing judicial discipline for failure to supervise staff
| IL Staff
A Madison County judge is facing judicial discipline charges alleging that he failed to adequately supervise his staff and properly take action in criminal cases, resulting in the dismissal of multiple cases and the improper issuance of a custody order.
State Rep. Jim Lucas defends showing handgun to students, says episode ‘blown out of proportion’
Young gun safety advocates clashed with an avowed gun-rights lawmaker on Tuesday in a 10-minute exchange that featured a brief showing of a holstered handgun.
Indiana school boards to have final say over ‘human sexuality’ lessons under GOP-backed bill
Hoosier school boards would have authority over “human sexuality” instruction under legislation moving through the Indiana Statehouse.
Judge rejects plea deal by former Muncie police officer, who will now stand trial for 3rd time
A federal judge rejected a plea agreement Wednesday for a former Muncie police officer accused of trying to cover up another officer’s use of excessive force, setting the stage for his third trial in the case.
NCAA spent years fighting losing battles and left itself helpless to defend legal challenges
Years of fighting losing battles have left the NCAA almost helpless to defend itself.
2nd CHINS finding upheld, but contempt ruling against father reversed
A CHINS adjudication was not erroneous, the Court of Appeals of Indiana has ruled, but a contempt finding against a father was.
Inmate placed in disciplinary segregation for 2 years loses summary judgment appeal
An inmate alleging his constitutional rights were violated in a prison disciplinary process that put him in segregation for two years has failed to find relief at the 7th Circuit Court of Appeals.
Evidentiary hearing ordered after juror fails to disclosure knowledge of expert witness
A trial court must hold an evidentiary hearing to determine how familiar a potential juror in a medical malpractice case was with a doctor who was called an expert for the defense, the Court of Appeals of Indiana has ruled.
COA reaffirms unanimous ruling vacating convictions, but panel splits on rehearing
Two months after vacating a man’s attempted murder and battery convictions, the Court of Appeals of Indiana has reaffirmed that decision on rehearing, doubling down on its holding that a speedy trial request was not met.
Opinions Jan. 31, 2024
Court of Appeals of Indiana
Spencer Turner v. Mark Sevier
23A-MI-1053
Miscellaneous. Reverses the Henry Circuit Court’s summary disposition of Spencer Turner’s post-conviction relief petition. Finds the post-conviction court erred. Remands for the trial court to hold an evidentiary hearing to determine whether the state is able to show good cause for the delay in holding Turner’s revocation hearing, or whether he is entitled to have the alleged parole violations dismissed.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Nominations open for 2024 LIL awards
| IL Staff
Nominations for the Distinguished Barrister, Up and Coming Lawyer, Legal Support Stars and Lifetime Achievement awards can be submitted online through 11:59 p.m. on March 5.
Kolar confirmed to 7th Circuit
| IL Staff
Joshua P. Kolar, formerly a magistrate judge on the Indiana Northern District Court, has been confirmed to the 7th Circuit Court of Appeals.
Indiana man agrees to plead guilty to killing teenage girl who worked for him
The man accused of strangling and killing a 17-year-old central Indiana girl has agreed to plead guilty to murder, court documents state.
