ABA House of Delegates rejects bid to make LSAT optional
| IL Staff
The American Bar Association House of Delegates has rejected a proposal that would have made law school admissions tests like the LSAT optional.
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‘Confusing’ jury instruction leads to reversal of child molesting conviction
The July 2014 revision to Indiana’s criminal code has resulted in the Court of Appeals of Indiana vacating a child molesting conviction after finding that a jury instruction straddling both sides of the date of the revision could have confused jurors.
Indiana Senate approves doctor noncompete ban
The Indiana Senate on Tuesday overwhelmingly passed a ban on physician noncompete agreements, a top Senate GOP priority and one of several bills meant to lower the cost of health care. The bill now goes to the House for consideration.
Opinions Feb. 8, 2023
Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.
State senator Young removed from Judiciary Committee
Indianapolis Republican Sen. Michael Young has been removed from the Indiana Senate Judiciary Committee and replaced by Sen. Rick Niemeyer, R-Lowell.
Proposal advances for Indiana driving cards for immigrants
Indiana lawmakers pushed ahead for the first time on Tuesday a proposal that would allow immigrants living in the country illegally to obtain state-issued cards giving them permission to drive.
2 men arrested in 1975 slaying of Indiana girl, 17
Two Indiana men have been charged with murder nearly a half-century after a 17-year-old girl failed to return home from her job at a church camp and was found dead in a river, state police announced Tuesday.
Biden in State of Union exhorts Congress: ‘Finish the job’
President Joe Biden exhorted Congress to work with him to “finish the job” of rebuilding the economy and uniting the nation as he delivered a State of the Union address aimed at reassuring a country beset by pessimism and fraught political divisions.
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.
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.
