IN justices: Civil forfeiture defendants have constitutional right to jury trial
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
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State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.
Voting open to fill upcoming attorney vacancy on Judicial Nominating Commission
| IL Staff
An election to fill an upcoming attorney vacancy on the Indiana Judicial Nominating Commission is open now through Nov. 15.
Woman in divorce case can’t relocate with her child to San Diego, COA affirms
A mother whose request to relocate to California with her minor child was denied has failed in her bid for relief from the Court of Appeals of Indiana.
Attorney, foster kids advocate named new ACLU of Indiana executive director
| IL Staff
Attorney Christopher Daley, currently the executive director of the Indiana Association of Resources and Child Advocacy, has been named the new executive director of the American Civil Liberties Union of Indiana.
Supreme Court wrestles with social media cases that have echoes of Donald Trump
The U.S. Supreme Court wrestled Tuesday with whether public officials can block critics from commenting on their social media accounts, an issue that first arose in a case involving former President Donald Trump.
What Trump can, can’t say under gag order in federal 2020 election interference case
A gag order in Donald Trump’s election interference case in Washington is back in place, restricting the former president’s rhetoric as he prepares for trial and campaigns to return to the White House in 2024.
Trial court’s improper remark on reasonable doubt standard not enough to overturn murder conviction, COA affirms
A trial court’s remark endorsing “80% certainty” as a description of the reasonable doubt standard was improper but did not rise to the level of fundamental error for a woman convicted of murder in a fatal robbery, the Court of Appeals of Indiana ruled Monday.
Collateral consequences doctrine doesn’t apply to moot involuntary commitment appeal, COA rules in dismissal
The Court of Appeals has dismissed as moot the appeal of a woman’s involuntary commitment, determining the collateral consequences doctrine does not apply in her case.
Speedway immune from lawsuit filed after police dog bit delivery driver
The town of Speedway is immune from a lawsuit filed by a delivery driver who was bitten by a town K-9 officer, the Court of Appeals of Indiana has affirmed.
Opinions Oct. 30, 2023
Court of Appeals of Indiana
Jennifer L. Dean v. State of Indiana
22A-CR-2104
Criminal. Affirms Jennifer Dean’s conviction of felony murder and her 60-year sentence. Finds the Carroll Circuit Court’s remark endorsing an 80% certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Also finds sufficient evidence supports Dean’s conviction. Finally, finds her sentence is not inappropriate.
COA reverses drug convictions because arresting officer wasn’t in ‘distinctive’ uniform
The Court of Appeals of Indiana has ordered the reversal of a man’s drug-related convictions after determining that the officer who arrested him was not wearing a “distinctive” uniform, making the underlying traffic stop invalid.
Carmel company not entitled to compensation for closed access in eminent domain dispute, COA rules in reversal
A company that owns a car dealership in Carmel isn’t entitled to compensation for the closure of access on a road that’s part of an eminent domain action, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Couple violated Senior Consumer Protection Act in gaining control of property, COA affirms
A couple violated the Indiana Senior Consumer Protection Act by gaining control of a family member’s property with threats of being sent to a nursing home, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Illinois man pleads not guilty to hate crime, murder charges in attack on Muslim mother, son
A man accused of murder, attempted murder and a hate crime in an attack on a Palestinian American woman and her young son pleaded not guilty Monday following his indictment by an Illinois grand jury.
Donald Trump set to testify Nov. 6 in civil fraud trial; Daughter Ivanka also will testify
Donald Trump is set to testify Nov. 6 at his New York civil fraud trial, following his three eldest children to the witness stand in a case that threatens to disrupt their family’s real estate empire, state lawyers said Friday.
Idaho judge upholds indictment against man accused of fatally stabbing 4 college students
An Idaho judge on Thursday declined to dismiss a grand jury indictment against a man accused of fatally stabbing four University of Idaho students.
COA affirms in part, reverses in part, enters summary judgment in favor of husband in divorce case
A husband was entitled to summary judgment on whether cryptocurrencies owned through he and his wife’s company were subject to division in a property settlement agreement, the Court of Appeals of Indiana ruled Friday in reversing a trial court’s decision.
Opinions Oct. 27, 2023
Court of Appeals of Indiana
Louis J. Kalozi v. State of Indiana
22A-CR-2797
Criminal. Affirms the Lake Superior Court’s denial of Louis Kalozi’s motion to dismiss two counts of sexual misconduct with a minor. Finds Indiana’s double jeopardy statute does not bar Kalozi’s state prosecution, even though he pleaded guilty in his federal case and received a 15-year aggregate sentence. Remands for further proceedings.
Sammy Terry partners with AG’s office to remind Hoosiers of Indiana Unclaimed
| IL Staff
Indiana legend Sammy Terry has partnered with the Indiana Attorney General’s Office to remind Hoosiers about unclaimed property
