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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.
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.
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.
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.
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.
While giving your heart to your Valentine, you can also help keep other hearts healthy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
See who has been selected as officers and board members for the Marion County Bar Association, Indianapolis Bar Association and Indianapolis Bar Foundation.
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.
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
Indiana Court of Appeals
Terry Pounds v. State of Indiana (NFP)
18A02-1206-PC-456
Post conviction. Affirms denial of petitions for post-conviction relief.
P.P. v. J.C. (NFP)
36A01-1203-DR-113
Domestic relation. Affirms denial of father’s petition to modify custody and child support.
E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, but reverses $90,000 restitution order and remands for the trial court to reduce it to $30,722. Judge Crone concurs in part and dissents in part.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.