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In a pair of opinions dissenting from the Indiana Supreme Court’s denial of transfer to two cases involving plea deals, Justice Steven David asserted the records are “simply inadequate” to show that the defendants knowingly and voluntarily waived their rights to appeal.
Court of Appeals of Indiana
Indiana State Police and State of Indiana v. The Estate of Michael M. Damore
21A-CT-2536
Civil tort. Reverses a ruling in favor of the Estate of Michael M. Damore, who was killed in a vehicle accident involving Indiana State Police. Finds the Lake Superior Court abused its discretion by excluding evidence of Michael’s driving behavior in the minutes before the collision and by striking the entirety of the defendant’s expert’s testimony based on a minor violation of the motion in limine that posed no serious risk of prejudice to the estate. Finds the trial court erred in failing to give some of the defendant’s propose jury instructions. Finally, concludes that insufficient evidence was presented to establish that Michael’s mother was his dependent for purposes of the General Wrongful Death Statute, and her recovery must therefore be limited to the amounts permitted by the Adult Wrongful Death Statute.
A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.
A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.
The estate of a motorcyclist who was killed after colliding with an Indiana State Police vehicle while exiting an Indiana tollbooth faced a reversal after the Court of Appeals of Indiana concluded evidence of his high-speed chase with police just before the fatal accident was wrongly excluded from trial.
For the roughly 100,000 undocumented immigrants living in Indiana, getting a driver’s license isn’t possible. Some Hoosier lawmakers are looking to change that.
Authorities have made an arrest in the fatal shooting of a 16-year-old boy who was gunned down Thursday morning in Greenwood while waiting at a school bus stop by an assailant who fled the scene on foot, officials said.
For millions of Americans, President Joe Biden’s student loan cancellation offers a life-changing chance to escape the burden of debt. But for future generations of students, it doesn’t fix the underlying reason for the crisis: the rising cost of college.
Fourteen of the 15 boxes recovered from former President Donald Trump’s Florida estate early this year contained documents with classification markings, including at the top secret level, according to an FBI affidavit released Friday explaining the justification for this month’s search of the property.
A request by the state for the entire 7th Circuit Court of Appeals to hear a case challenging a new Indiana law that prohibits transgender girls from participating in K-12 girls’ sports has been denied.
Court of Appeals of Indiana
Mark Alan Hurley v. State of Indiana (mem. dec.)
22A-CR-298
Criminal. Affirms Mark Alan Hurley’s conviction of Level 6 felony battery on a person less than 14 years of age by a person over 18 years of age. Finds the totality of the evidence was sufficient to sustain the conviction.
The Indiana Judicial Nominating Commission will interview 12 applicants next month to fill an upcoming vacancy on the Court of Appeals of Indiana.
A Franklin man has been charged with manufacturing and selling 3D-printed “ghost guns” and firearm conversion pieces, the Indiana Southern District U.S. Attorney’s Office announced this week.
The Coalition for Court Access, which oversees Indiana’s civil legal aid programs, is making changes to its structure by expanding the number of members, giving the Indiana State Bar Association the ability to make appointments and eliminating the 12 district committees.
The Biden administration is tying its authority to cancel student debt to the coronavirus pandemic and to a 2003 law aimed at providing help to members of the military. Legal challenges are expected.
Justice Department officials who evaluated then-President Donald Trump’s actions during the Russia investigation concluded that nothing he did, including firing the FBI director, rose to the level of obstruction of justice and that there was no precedent for a prosecution, according to a memo released Wednesday.
A federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates a federal law on emergency care.
The Uvalde school district has fired police chief Pete Arredondo under mounting pressure in the grieving Texas town to punish officers over the law enforcement response to the deadly elementary school massacre in which a man armed with an AR-15-style rifle remained in a fourth-grade classroom for more than an hour, killing 19 children and two teachers.
The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.
Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.