COA reverses contempt finding, awards credit time to appellant
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.
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Chief Justice Rush’s speech at ABA Midyear Meeting focuses on mental health
| IL Staff
Indiana Chief Justice Loretta Rush represented the Conference of Chief Justices and the National Center for State Courts at the American Bar Association’s Midyear Meeting on Monday.
Opinions Feb. 7, 2023
Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.
Sex trafficker loses constitutional arguments after cellphones seized in law enforcement ‘ruse’
An Illinois man who trafficked a teenage girl across state lines has failed to convince the Court of Appeals of Indiana that his constitutional rights were violated during the investigation into the trafficking scheme in the Hoosier State.
Bill clarifying limits on child sex abuse victim depositions gets unanimous support from IN Senate
A bill designed to reinforce an existing law strongly limiting a defendant’s ability to take the deposition of an alleged child sex abuse victim unanimously passed the Indiana Senate on Monday.
Biden aims to deliver reassurance in State of the Union address
President Joe Biden is ready to offer a reassuring assessment of the nation’s condition as he delivers his second State of the Union address on Tuesday night, seeking to overcome pessimism in the country and concerns about his own leadership.
St. Joe probate judge Cichowicz facing discipline charges for alleged conduct as attorney, judge
St. Joseph Probate Judge Jason A. Cichowicz has been charged with seven counts of misconduct, including an allegation that he improperly leveraged his position as the trustee for a foundation to fund improvements to his court.
Police: Man fatally shot by Lawrence Co. cops fired several shots
A man who was fatally shot Sunday during an exchange of gunfire that left two southern Indiana law enforcement officers wounded had fired several shots before he was killed, police said.
State of the Union? Congress doesn’t fully reflect diversity
When lawmakers gather for President Joe Biden’s State of the Union address, the Republican side of the aisle will look slightly different than it did a few years ago.
Ex-Louisville officer gets probation for using excessive force during Breonna Taylor protest
A former Louisville police officer who pleaded guilty to using excessive force has been sentenced to two years of probation, 200 hours of community service and a $5,000 fine. Katie R. Crews, 29, of Jeffersonville, was sentenced last week.
Opinions Feb. 6, 2023
Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.
Evidentiary arguments fail to overturn child molesting conviction at COA
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
Pro se litigant loses appeal of convictions for pointing gun at police
A man convicted after pointing a gun at police failed to convince the Court of Appeals of Indiana that he should not have been allowed to proceed pro se. While the COA agreed that an attempted murder charge was improper, it did not find fundamental error.
7th Circuit vacates summary judgment for prison defendants after inmate alleges sexual assault
An inmate who claims he was sexually assaulted after being forced to undergo a blood draw will get another chance to pursue his case after the 7th Circuit Court of Appeals vacated summary judgment for the defendants.
Doctors ask lawmakers to free them from noncompete agreements
A flurry of disputes have been raging across the country in recent years over noncompete agreements, which have largely favored hospitals, medical groups and other employers. But the tide could be shifting.
2 Lawrence Co. officers shot, suspect dead after gunfire exchange
Two southern Indiana law enforcement officers were shot and wounded early Sunday during an exchange of gunfire with a suspect who fled a traffic stop on foot and fired at the officers before he was fatally shot, police said.
Marion officer fatally shoots man who had pulled a handgun
A man suspected of firing shots in a northeastern Indiana city was fatally shot by a police officer early Sunday after the suspect pulled a handgun on the officer, police said.
Prosecutor: Police shot Indiana driver in self-defense; no charges
Ohio police officers who shot an Indiana man while responding to a report of a possible burglary used lethal force appropriately and won’t be charged, a Cincinnati-area prosecutor said Friday.
Jury: Musk didn’t defraud investors with 2018 Tesla tweets
A jury on Friday decided Elon Musk didn’t defraud investors with his 2018 tweets about electric automaker Tesla in a proposed deal that quickly unraveled and raised questions about whether the billionaire had misled investors.
Senate Judiciary considers 3 bills to add judicial officers in Delaware, Elkhart, Dubois counties
Three bills requesting additional judicial officers in three counties were heard by the Indiana Senate Judiciary Committee on Wednesday but have not yet been voted on.
