Boy, 14, held in fatal shooting of 17-year-old brother in Kokomo
A 14-year-old boy faces a murder charge in the fatal shooting of his 17-year-old brother in central Indiana.
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Supreme Court rules against Boston in Christian flag case
A unanimous U.S. Supreme Court ruled Monday that Boston violated the free speech rights of a conservative activist when it refused his request to fly a Christian flag on a flagpole outside City Hall.
Opinions May 2, 2022
Court of Appeals of Indiana
In Re: The Change of Gender of: O.J.G.S., A Minor, S.G.S.
21A-MI-2096
Miscellaneous. Affirms the Allen Circuit Court’s denial of S.G.S’s petition on remand to change the gender marker on her minor transgender daughter’s birth certificate pursuant to Indiana Code § 16-37-2-10. Finds that I.C. 16-37-2-10 has been improperly interpreted and does not grant Indiana courts the authority to order a change of a gender marker on a birth certificate. Urges the Indiana Supreme Court to speak on the matter. Judge L. Mark Bailey concurs in result with separate opinion. Judge Paul D. Mathias dissents with separate opinion.
Reversal: Same name not sufficient evidence for serious violent felon conviction
A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.
Attorneys offering help to Hoosier voters for May 3 primary
As Hoosiers return to the polls for the first time since November 2020, the Chicago Lawyers’ Committee for Civil Rights will be available to help any voter who encounters a problem casting a ballot.
Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help
Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.
Firms, attorneys invited to join Indy lawyers softball league
Budding leaves and longer days are an invitation to spend more time outside. For Indianapolis legal professionals, that time can be spent playing on an attorneys’ softball league.
COA upholds admission of subsequent bad acts in domestic violence case
A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.
Martinsville schools ordered to let trans student use boys’ restroom
The Martinsville public school district has been ordered to allow a transgender middle school student to use the school restroom that aligns with his gender identity.
Hundreds of urban areas to become rural under new criteria
Hundreds of urban areas in the U.S. are becoming rural, but it’s not because people are leaving.
Tuesday’s primary to feature spirited local contests
Indiana’s first Election Day after pandemic-related complications comes Tuesday, and a few hotly contested primary races are in the spotlight.
Republican candidates line up for Indiana House races in northern suburbs
Two newly redrawn Indiana House districts in Indianapolis’ northern suburbs have attracted a total of six Republican candidates looking to advance to November’s general election.
Gary man convicted in 2020 slayings of 2 teenage boys
A Gary man was sentenced to 130 years in prison Friday after being convicted in the 2020 killings of two teenage boys found shot to death in a northwest Indiana home.
Fort Wayne man sentenced to 150 years after 3 die in shooting, fire
A judge has sentenced a Fort Wayne man to 150 years in prison for a shooting and fire that left three other men dead.
7th Circuit chastises Northern Indiana District Court for plain error in sentencing
Finding the error in sentencing affected the “fairness, integrity, and public reputation of the proceedings,” the 7th Circuit Court of Appeals has vacated a judgment and remanded an Indiana man’s sentence on federal drug charges because the district court failed to properly calculate the incarceration time under the First Step Act.
COA reverses intimidation conviction for lack of intent
Despite allowing a Level 6 felony conviction to stand, the Court of Appeals of Indiana has reversed a Level 5 felony intimidation conviction, finding that even though the defendant acknowledged he had threatened to kill his sisters, he did not actually intend to prevent them from calling the police.
Denial of motion to set aside default judgment was error, COA rules
A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.
Opinions April 29, 2022
Court of Appeals of Indiana
Legacy Builders Indiana, Inc. and as amended Legacy Builders Indiana, LLC, et al. v. Christopher Crocker and Beth Anne Robards-Crocker
21A-CT-2255
Civil tort. Reverses the denial of Legacy Builders Indiana Inc. and Jonathon D. Douglas’ motion to set aside a default judgment in favor of Christopher Crocker and Beth Anne Robards-Crocker. Finds the Clay Circuit Court abused its discretion by holding a hearing without notice to the defendants. Also finds the trial court erred by denying the motion to set aside the default judgment where the trial court lacked personal jurisdiction. Remands for further proceedings.
COA reverses protective orders, remands classmates’ stalking case for judge’s improper comments
A pair of protective orders issued against two brothers by a classmate have been reversed after the Court of Appeals of Indiana determined the defendants weren’t given an impartial hearing and were denied due process by the Lawrence Circuit Court.
Valparaiso middle school student faces bomb charge
A northwestern Indiana middle school student faces a charge of possessing a destructive device after two improvised explosive devices were found inside a backpack, authorities said.