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A Lake County man charged with rape 35 years after the incident allegedly occurred will present oral arguments before the Court of Appeals of Indiana next week.
Court of Appeals of Indiana
Adam Kristopher Baumholser v. State of Indiana
21A-PC-2138
Post-conviction. Affirms in part, reverses in part Adam Kristopher Baumholser’s convictions for Class A felony child molesting and two counts of class C felony child molesting and petitioned for post-conviction relief. Finds that trial counsel provided ineffective assistance by failing to move to dismiss the class C felony charges and that Baumholser is entitled to relief on that claim. Reverses on that issue but affirms in all other respects.
The Court of Appeals of Indiana has partially reversed a child molester’s convictions after concluding he received ineffective assistance of counsel at trial.
Colleagues, family and members of the legal community gathered around Indiana Supreme Court Justice Steven David on Wednesday evening as he reminisced and offered observations about appellate practice before he steps down from the bench.
A man who fatally shot two people at a gas station in southern Indiana has been charged with two counts of murder and one count of attempted murder, police said Thursday.
Indianapolis and several other Indiana cities are joining an estimated $507 million statewide opioid settlement after previously opting out of the state’s lawsuits against opioid manufacturers and distributors.
Judge Ketanji Brown Jackson will join a U.S. Supreme Court that is both more diverse than ever and more conservative than it’s been since the 1930s.
President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court.
Austen Parrish, dean of the Indiana University Maurer School of Law and one of the 25 longest-serving law school deans in the country, will be stepping down from the Bloomington institution to become dean of University of California, Irvine School of Law in Irvine, California.
The Senate confirmed Ketanji Brown Jackson to the U.S. Supreme Court on Thursday, shattering a historic barrier by securing her place as the first Black female justice and giving President Joe Biden a bipartisan endorsement for his effort to diversify the court.
The Tippecanoe School Corporation has secured summary judgment against a student’s negligence claim after the Court of Appeals ruled in its favor following a cheerleader’s injury.
A trial court’s erroneous decision to reject a defendant’s proposed preliminary instructions has led to the reversal of the defendant’s drug dealing conviction. But the Court of Appeals of Indiana left open the possibility of a retrial due to other significant evidence, including evidence of text messages sent and received by a man who died of a drug overdose.
Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.
The Indiana Supreme Court looked closely at the state’s constitution, peppered attorneys with questions and, at times, appeared skeptical of the answers during an hourlong oral argument as the justices waded into the Statehouse feud over who has the authority to call the Indiana Legislature into special session.
Three of the four women who accused former Indiana Attorney General Curtis Hill of groping them cannot sue the state under Title VII, the 7th Circuit Court of Appeals has ruled, finding the legislative staffers were employed by the Indiana House and Senate, not the state itself.
A correctional officer at the Delaware County jail has been fired after allegedly firing a PepperBall into a cellblock, striking a prisoner with the projectile, authorities said Wednesday.
The Senate is expected to confirm Supreme Court nominee Ketanji Brown Jackson on Thursday, securing her place as the first Black woman on the high court and giving President Joe Biden a bipartisan endorsement for his historic pick.
An eastern Indiana police officer was assaulted and seriously injured by a man driving a stolen semi-tractor trailer who later took his own life following a police pursuit, police said.
Former Indiana Attorney General Curtis Hill has a new job as the lead on the legal team in a fake grand jury to investigate Dr. Anthony Fauci, according to the organizing group’s website.
Court of Appeals of Indiana
State of Indiana v. Lamar Fox
21A-CR-2445
Criminal. Reverses the grant of Lamar Fox’s motion to suppress. Finds the home detention contract Fox signed explicitly stated he waived his Fourth Amendment and state constitutional rights. Also finds State v. Ellis, 167 N.E.3d 285 (Ind. 2021), applies.