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A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.
A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.
Lawyers for former President Donald Trump asked a federal judge Monday to halt the FBI’s review of documents recovered from his Florida estate earlier this month until a neutral special master can be appointed to inspect the records.
Sen. Lindsey Graham is holding up the Constitution’s “speech or debate” clause as a shield as he tries to avoid testifying before a special grand jury that’s investigating whether former President Donald Trump and others tried to illegally influence the 2020 election in Georgia.
A federal judge has dismissed, for now, an investors’ securities suit against Elanco Animal Health that claimed the Greenfield-based company defrauded shareholders by “stuffing” product distribution channels far in excess of customers’ demands.
Two questions posed to hundreds of central Indiana police officers in a vote of confidence have revealed bare-bones support for the Marion County prosecutor and Marion County court system, according to an announcement from the Indianapolis Fraternal Order of Police, Lodge #86.
Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.
A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.
Indiana is receiving nearly $700,000 as part of a U.S. Department of Justice grant that will be divided among agencies and nonprofits around the state to help support victims of sexual assault.
Dr. Anthony Fauci, the nation’s top infectious disease expert who became a household name — and the subject of partisan attacks — during the COVID-19 pandemic, announced Monday he will depart the federal government in December after more than five decades of service.
The federal judiciary is requesting public comment on proposed changes to numerous federal appellate, bankruptcy, civil procedure and evidence rules.
Indiana Lawyer’s new and improved Corporate Counsel Guide is now scheduled to go live on Wednesday, Dec. 7.
Marijuana advocates have little hope of persuading a legislative study committee to recommend legalization of the drug in Indiana this year, but they are hopeful the committee’s work could set up a regulatory system to oversee its decriminalization in the not-too-distant future.
Prosecutors have filed a third attempted murder charge against a man accused of shooting an eastern Indiana police officer in the head during a traffic stop and search for possible narcotics.
Indiana Republicans on Saturday picked Rudy Yakym to replace U.S. Rep. Jackie Walorski on the November ballot, after Yakym won the endorsement of the late Indiana congresswoman’s husband.
Indiana’s Republican governor met with Taiwanese President Tsai Ing-wen on Monday, following two recent high-profile visits by U.S. politicians that drew Beijing’s ire and Chinese military drills that included firing missiles over the island.
Former Vice President Mike Pence said Friday that he didn’t take any classified information with him when he left office.
A Wisconsin trial judge has revoked the temporary admission granted to Indiana attorney James Bopp Jr., claiming the Hoosier applied “phony legal principles to invented facts.” But the Terre Haute lawyer is responding by calling the judge’s revocation “meaningless and pointless” and by filing what is a fourth appeal in an open records lawsuit that began in December 2021.
Friends, family and colleagues will soon gather to say goodbye to the current longest-serving member of the Indiana Supreme Court. A celebration honoring retiring Justice Steven David’s career will be held at 2 p.m. Aug. 30 in the Supreme Court courtroom in Indianapolis.
Court of Appeals of Indiana
Donald Johnson v. State of Indiana
21A-CR-1234
Criminal. Affirms and reverses in part the denial of Donald Johnson’s motion to dismiss the 17 Class C felony securities-related charges filed against him. Finds the state sufficiently alleged Johnson committed positive acts of concealment that tolled the statute of limitations in all the challenged charges except two, and the charging information for all remaining 15 counts against Johnson were pled with sufficient certainty based on the language in the charging informations and probable cause affidavits. Also finds the arguments Johnson sets forth regarding the elements of the alleged crimes cannot be considered by the Court of Appeals as they are to be decided by the fact-finder, not within a motion to dismiss, so the Porter Superior Court did not abuse its discretion when it denied Johnson’s motion to dismiss, with the exception of the charges involving Randall Hunt. Finally, finds the trial court did not abuse its discretion when it granted the state permission to amend the charges against Johnson to include the word “knowingly.” Remands for further proceedings.