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The Indiana Supreme Court has disciplined two attorneys, issuing a public reprimand to one while suspending the other for one month.
Court of Appeals of Indiana
James D. Smiley v. State of Indiana (mem. dec.)
22A-CR-2269
Criminal. Affirms James Smiley’s advisory sentence of three years for Level 5 felony possession of methamphetamine. Finds the Parke Circuit Court did not err in considering mitigators.
Five former Memphis police officers pleaded not guilty Friday to second-degree murder and other charges in the violent arrest and death of Tyre Nichols, with his mother saying afterward that none of them would look her in the eye in court.
New Indiana Secretary of State Diego Morales has hired his brother-in-law for a top position paying a six-figure salary — a move that has drawn criticism as crossing an ethical line.
An Indiana jury has found the NCAA not liable in the death of a former Grand Valley State quarterback whose widow accused the college sports governing body of failing to warn college athletes about the risks of head injuries while playing football.
The Supreme Court says it will not hear arguments as planned March 1 in a case involving a Trump-era immigration policy used several millions of times over the past three years to quickly turn away migrants at the border.
The Commission on Improving the Status of Children in Indiana has appointed a new executive director.
The Indiana Supreme Court has denied transfer to a sex offender registration case, issuing a published opinion admonishing the appellant for abusing the appellate system and the clerk’s office staff.
A northern Indiana ex-deputy prosecutor who was suspended from the practice of law for four years after listening in on two defendants’ privileged conversations has been conditionally reinstated to the Indiana bar.
Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
22A-CT-2482
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.
A bill decriminalizing the possession of two ounces or less of marijuana received a hearing before a House committee Wednesday but isn’t expected to get additional consideration.
A special grand jury investigating efforts by then-President Donald Trump and his allies to overturn his 2020 election loss in Georgia says it believes “one or more witnesses” committed perjury, and it’s urging local prosecutors to bring charges.
Indianapolis Public Schools did not violate a controversial state law that requires school districts to offer unused classroom buildings to charter schools for $1, the Indiana Attorney General’s Office concluded Tuesday.
Indiana state lawmakers advanced a measure Wednesday to strip legal protections for school libraries if their educators are accused of assigning texts harmful to students.
A Black man is suing the city of Indianapolis, its police department and an officer who arrested him in 2021, alleging that the officer kicked him in the face while he was handcuffed.
The NCAA asked a federal appeals court on Wednesday to reject a legal effort to make colleges treat Division I athletes like employees and start paying them an hourly wage.
An Illinois grand jury on Wednesday formally indicted the father of a man charged with fatally shooting seven people at a Fourth of July parade in suburban Chicago, the Lake County State’s Attorney’s Office said.
Indiana judges will have the discretion to allow news media to broadcast court proceedings under a rule amendment that will take effect in May.
Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
22A-XP-1661
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.
A mother whose children were removed and eventually adopted after living in “deplorable” conditions under her care has failed to convince the Court of Appeals of Indiana that the underlying child welfare reports about her should be expunged.
