Indiana boy, 2, fatally struck by an SUV at a Michigan state park
A 2-year-old Indiana boy has died after he was struck by an SUV at a state park in western Michigan, police said.
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Southern Indiana egg farmer John Rust announces bid for Republican nod for US Senate in 2024.
A southern Indiana egg farmer has declared his candidacy for the Republican nomination for the state’s open U.S. Senate seat in 2024.
COA affirms post-conviction court’s denial of change of judge motion to man serving 48-year sentence
A post-conviction court displayed no bias or prejudice and did not clearly err when it denied a man’s change of judge motion, the Court of Appeals of Indiana affirmed Wednesday.
Inventory search of man’s truck that led to meth conviction was reasonable, COA affirms
An inventory search of a man’s truck that led to a possession of methamphetamine conviction didn’t violate his rights against unreasonable search and seizure, a split Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
COA cites doctrine of laches, affirms trial court’s award of summary judgment to bank
A bank’s request to dismiss a long-dormant civil lawsuit for failure to prosecute was untimely, but a trial court was correct in entering summary judgment for the bank based on the doctrine of laches, the Court of Appeals of Indiana affirmed Wednesday.
Man who was told he could leave scene before being searched wins reversal from COA
A man who was told he was free to leave the scene of a traffic stop before being searched convinced the Court of Appeals that his constitutional rights were violated, leading the court to order that his motion to suppress be granted.
Above-guidelines sentence is appropriate, 7th Circuit affirms
A man’s above-guidelines sentence for being a felon in possession of a firearm was not inappropriate given his criminal history, the 7th Circuit Court of Appeals ruled Tuesday.
Opinions Aug. 23, 2023
Court of Appeals of Indiana
Pink Allen Robinson v. State of Indiana
22A-PC-1102
Post-conviction. Affirms the denial of Pink Allen Robinson’s change-of-judge motion. Finds the post-conviction court did not clearly err.
‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
Groundbreaking official for big improvements to Indiana Law Enforcement Academy
Tuesday marked another major groundbreaking in Indiana — this time for an overhaul of the state’s law enforcement training academy.
Indianapolis police release bodycam footage showing man fleeing police shot in back by officer
The Indianapolis Metropolitan Police Department released body camera footage Tuesday showing an armed man fatally shot in the back by an officer as he ran from a traffic stop.
Indianapolis woman charged with neglect in son’s accidental shooting death
The mother of a 6-year-old Indianapolis boy who died last spring after accidentally shooting himself has been charged with neglect in connection with his death.
Former justice Selby leads inaugural class of Diversity in Law honorees
| IL Staff
Indiana Lawyer is pleased to announce its inaugural class of Diversity in Law honorees, including the inaugural Diversity Trailblazer, former Indiana Supreme Court Justice Myra Selby.
Wentworth certified as senior judge ahead of Tax Court retirement
Outgoing Indiana Tax Court Judge Martha Blood Wentworth has been granted senior judge status.
Opinions Aug. 22, 2023
Court of Appeals of Indiana
Gareth Sylvester Earl Jones v. State of Indiana
22A-CR-2661
Criminal. Affirms Gareth Jones’ convictions of Level 1 burglary resulting in serious bodily injury and Level 5 robbery, and his 40-year aggregate sentence. Finds the Clark Circuit Court did not abuse its discretion in the admission and exclusion of evidence. Also finds the state presented sufficient evidence to support the convictions. Finally, finds the sentence is not inappropriate.
Judge declines to clarify who’s covered under RFRA-based injunction of state’s near-total abortion ban
| IL Staff
The Marion Superior Court has declined to provide clarity on who is covered under a temporary injunction entered against the state’s near-total abortion ban on religious freedom grounds.
COA upholds convictions, 40-year sentence for man convicted of robbing, beating 85-year-old woman
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
DCS employees win summary judgment on 4th Amendment claim after children were removed, killed in fire
A federal judge has dismissed a Fourth Amendment unreasonable seizure claim filed against four Department of Child Services employees who were sued after five children were removed from their adoptive parents and were subsequently killed in a house fire.
IPS files complaint against state to declare district’s exemption from $1 charter law
| IL Staff
Indianapolis Public Schools has filed a complaint against Indiana Attorney General Todd Rokita and the state’s education secretary over an updated version of a law that requires districts to offer unused classroom buildings to charter schools for $1.
Taiwan damages claims fall outside insurance coverage territory limits, COA affirms
An insurance company is not contractually required to cover losses related to a class-action lawsuit filed in Taiwan, the Court of Appeals of Indiana affirmed Tuesday.
