Bill denying bail to ‘substantial risks’ passes Indiana Senate
A bill that would further limit the right to bail passed the Indiana Senate on Thursday.
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Former Brown Co. ice cream shop employee loses burglary appeal
A former employee of the Chocolate Moose in Nashville argued the trial court abused its discretion when it denied his motion to withdraw his guilty pleas and ordered him to pay more than $6,000 in restitution. The Court of Appeals of Indiana disagreed.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
Opinions Jan. 27, 2023
Court of Appeals of Indiana
Akinfemiwa Akinribade v. State of Indiana
22A-CR-1757
Criminal. Affirms and reverses in part the order to disclose Afkinfemiwa Akinribade’s expert’s summary of the state’s crime lab report. Finds Akinribade waived any objection to the disclosure of the one page of the summary that he introduced into evidence at a deposition of the state’s DNA analyst. Also finds the state failed to make the requisite showing of either substantial need or exceptional circumstances to justify the disclosure of the remaining pages of the summary under Indiana Trial Rule 26(B). Remands for further proceedings. Judge Melissa May dissent with separate opinion.
COA: Indictment against Lake Co. sheriff can proceed
The Court of Appeals of Indiana ruled an indictment against a northwest Indiana sheriff for felony resisting law enforcement and misdemeanor reckless driving can proceed.
Judge convicts 16-year-old of murder in Indiana girl’s death
A judge found a 16-year-old boy guilty of murder Thursday in the asphyxiation slaying of a 6-year-old northern Indiana girl.
Justice Kavanaugh: Supreme Court’s slow start a coincidence
Supreme Court Justice Brett Kavanaugh says the public shouldn’t read anything into the high court’s historically slow start to releasing opinions.
Colorado baker loses appeal over transgender birthday cake
The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian faith lost an appeal Thursday in his latest legal fight, involving his rejection of a request for a birthday cake celebrating a gender transition.
Leadership in Law 2023 – Individual Ticket
Individual ticket includes networking, a served breakfast and scheduled program.
Gary Common Council sued by local lawyer after missing redistricting deadline
A federal lawsuit has been filed against the Gary Common Council after it allegedly failed to establish new election district lines by the Dec. 31 deadline.
Bill clarifying limits on child sex abuse victim depositions clears IN Senate committee
Continuing a conversation that began in 2020, an Indiana Senate committee has endorsed a bill that would further clarify the restriction on depositions of alleged child sex abuse victims.
COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Opinions Jan. 26, 2023
7th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
22-1139
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Damon R. Leichty.
Civil. Affirms the denial of Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Ex-high school basketball coach convicted of child seduction loses federal appeal
A disgraced high school basketball coach convicted of seducing one of his players has failed in his bid for relief from the federal courts after two appeals at the Court of Appeals of Indiana previously failed.
Senate Judiciary has few questions for Brookman in 1st district court confirmation hearing, signaling likely easy confirmation
Wednesday’s hearing before the U.S. Senate Committee on the Judiciary was a relatively quiet affair for Indiana Southern District Court Magistrate Judge Matthew Brookman, who has been nominated to become a district judge on the court where he currently serves. That quiet could be a sign that he’s on the path to an all but assured confirmation.
Hoosiers convicted of felony vote fraud would lose voting rights via House bill
Hoosiers convicted of felony vote fraud offenses wouldn’t be able to cast a ballot for 10 years under a bill passed 6-4 by the Indiana House Committee on Elections and Apportionment on Wednesday.
Congressman Jim Banks, a Senate candidate, clarifies anti-abortion ‘travel ban’ stance
Third District Republican U.S. Rep. Jim Banks does want stronger anti-abortion laws but said he doesn’t believe measures banning travel from Indiana to abortion access states like Illinois is the answer.
Indiana Senate panel advances bill to prohibit non-compete agreements for physicians
An Indiana Senate panel voted Wednesday to advance a bill that would prohibit non-compete agreements between physicians and their employers.
Leadership in Law 2023 – Corporate Table of 10
(Corporate table includes company name on table signage, in program and event thank you ad)