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While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
Indiana Court of Appeals
Deborah L. Dysert v. Review Board of the Indiana Dept. of Workforce Development and the Indiana Supreme Court (NFP)
93A02-1105-EX-392
Civil. Affirms determination of Review Board of the Indiana Department of Workforce Development that Dubois County Chief Deputy Prosecutor Deborah Dysert’s employer discharged her for just cause.
Robert O. Broyles v. State of Indiana (NFP)
48A02-1103-CR-338
Criminal. Affirms trial court’s aggregate eight-year sentence for a man convicted of voyeurism, child solicitation and sexual misconduct with a minor.
Daniel Minnick v. State of Indiana (NFP)
92A03-1106-CR-228
Criminal. Affirms two misdemeanor drunk driving convictions and a speeding infraction on grounds that sufficient evidence existed and the trial court didn’t violate a defendant’s federal and state rights to confrontation when admitting a breath test instrument into evidence without live testimony from the technician who inspected the device.
Thomas Curry v. State of Indiana (NFP)
49A02-1106-CR-551
Criminal. Affirms a Class C felony burglary conviction on grounds that sufficient evidence existed to support the conviction.
Edward Chandler v. State of Indiana (NFP)
49A05-1107-PC-396
Post conviction. Affirms the denial of a successive petition for post-conviction relief on grounds that the evidence would lead to an opposite conclusion than that reached by the court.
The Indiana Supreme and Indiana Tax Court had issued no opinions by IL deadline.
7th Circuit Court of Appeals
United States v. Jason Smith
Northern District of Indiana, South Bend Division. U.S. Judge Robert Miller, Jr.
11-2016
Criminal. Affirms District Court’s denial of motion to suppress evidence and motion for acquittal for a man convicted of being a felon in possession of a firearm, possessing crack cocaine with intent to deliver and possessing a firearm in furtherance of a drug transaction. The court rejected arguments that Jason Smith didn’t commit a traffic infraction and that the government constructively amended his indictment about when the traffic stop occurred.
Three hundred sixty five days sounds like a long time, but 2011 has flown by very quickly. This is my last column in Indiana Lawyer.
Charging juveniles as adults is a topic that has garnered media attention lately with a rash of gun-related deaths among teens. It’s also an area where we need to balance sympathy for the victims and for the minor offenders.
Attorneys looking to profit from their experiences at trial take note: the principles behind the so-called “Son of Sam” laws, which prohibit criminal defendants from profiting from the publicity of their crimes, may apply to you too, at least during the pendency of a criminal case.
Read about the 2012 Defense Trial Counsel of Indiana board of directors.
See who’s joined Indiana firms, what awards attorneys have received and who has been promoted.
Author Kim Brand says: you don’t like passwords or complicated password policies and you don’t think a secure password is worth the trouble.
The Indiana Lawyer would like to revive the trial report section of the newspaper in 2012.
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
Law firms and courts in Indianapolis work to ensure smooth operations during Super Bowl week.
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
New laws and policies are prompted by the long-term effects of head injuries in sports.
Attorneys help plan for the big event in February 2012 in Indianapolis.
For the first time in Indiana’s history, lawyers and litigants will no longer be able to file appeals the way it has typically been done.
The Indiana State Archives will offer training in January and February for state and local governments on how to protect documents and records – such as deeds and payroll records – before, during and after disasters.