Indianapolis officer gets probation for punching student
An Indianapolis police officer who was captured on video punching a high school student was sentenced Monday to 363 days probation for official misconduct.
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Indiana House backs GOP bill tightening mail-in voting rules
The Indiana House approved along party lines Monday a Republican-backed proposal that would require voters who request mail-in ballots to swear under possible penalty of perjury that they won’t be able to vote in person at any time during the 28 days before Election Day.
Lynch retiring from Southern Indiana District Court
| IL Staff
Magistrate Judge Debra McVicker Lynch of the U.S. District Court for the Southern District of Indiana will retire on Oct. 31 after more than 13 years of service to the federal judiciary, the court announced Monday.
COA: IPS not immune from negligence claim involving 1st grader
Finding that Indianapolis Public Schools is not immune from liability under the Indiana Tort Claims Act, the Court of Appeals of Indiana has revived a lawsuit brought by the parents of a first grader who was prevented from boarding the school bus and forced to walk home.
Opinions Jan. 31, 2022
Court of Appeals of Indiana
Robert R. Wilmsen v. State of Indiana
21A-CR-1214
Criminal. Affirms Robert Wilmsen’s aggregate 190-year sentence for conviction of three counts of Level 1 felony child molesting; Level 1 felony attempted child molesting; two counts of Level 4 felony sexual misconduct with a minor; Level 4 felony attempted sexual misconduct with a minor; two counts of Level 5 felony sexual misconduct with a minor; and one count of Level 6 felony dissemination of matter harmful to minors. Also finds he is a repeat sex offender. Concludes Wilmsen’s sentence is not inappropriate in light of the nature of the offense and his character.
COA cites precedent in blocking dog bite victim’s negligence lawsuit
An Indianapolis man whose son was bit by a neighbor’s pit bull was not able to overcome precedent in trying to convince the Court of Appeals of Indiana to hold the landlord liable for the injury.
COA affirms nearly 200-year sentence for sex offender
An Elkhart man will not get his 190-year sentence for numerous sexual misconduct and child molesting convictions reduced, the Court of Appeals of Indiana has ruled.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
Delphi woman’s murder conviction upheld by COA
A Delphi woman who was involved in the murder of her lover’s other lover will keep her decades-long sentence despite her double jeopardy arguments, the Court of Appeals of Indiana has affirmed.
COA examines whole picture in finding for father in adoption fight
The Indiana Court of Appeals found “totality of the circumstances” required the denial of a petition to adopt even though the father had not paid child support in 13 months and state statute allows for adoption without parental consent when child support has not been paid for one year.
City seeks new uses for old jail buildings in downtown Indy
Indianapolis hopes to spur more movement with a request for development proposals for historic buildings at 752 E. Market St. and 730 E. Washington St. The former Arrestee Processing Center on Market has been closed since 2017 (except for a section used for the Reuben Engagement Center until 2020) and the Jail II building on Washington will be vacant after inmates are fully moved to the Community Justice Campus in Twin Aire.
Two Carroll County deputies killed in single-vehicle crash
Two Carroll County sheriff’s deputies have been killed after the car they were in crashed in Central Indiana while heading to assist another agency with a traffic stop.
Lack of detailed NIL rules challenges NCAA enforcement
As the market for college athlete to earn money off their names, images and likenesses rapidly evolves, NCAA enforcement is faced with the tricky task of trying to police activities currently unregulated by detailed, uniform rules.
Authorities: Woman dies in Fort Wayne shooting over weekend
Authorities were investigating after a woman died in a shooting in northeast Indiana.
Ex-ambulance service owner gets probation in fraud case
The former owner of a northwest Indiana ambulance service has avoided prison after pleading guilty in a health care fraud case that cost the government of millions of dollars.
COA affirms felony auto theft conviction, habitual offender finding
A Lawrence County man has failed in his bid to overturn his auto theft conviction and habitual offender status, despite his argument that the ruling produced an improper double enhancement.
Valpo attorney put on indefinite suspension for noncooperation
| IL Staff
The Indiana Supreme Court has indefinitely suspended Valparaiso attorney Bryan M. Truitt from practicing law in Indiana for failing to cooperate with a disciplinary investigation against him.
Justices take certified questions, rule Gary death row inmate didn’t ‘properly’ file PCR petition
A Gary man sentenced to death did not “properly file” a post-conviction petition in 2016, and an Indiana Supreme Court order in 2017 to file the deficient PCR petition did not render it proper, the Supreme Court has ruled in response to certified questions from a federal judge.
Opinions Jan. 28, 2022
Indiana Supreme Court
Kevin Isom v. Ron Neal
21S-CQ-545
Certified question. Accepts the certified questions of the Indiana Northern District Court and answers both questions negatively. Finds that the unverified post-conviction petition tendered to the Lake Superior Court in January 2016 by death row inmate Kevin Isom was not “properly filed” as of the date of its initial submission, nor did the Indiana Supreme Court’s January 2017 order render Isom’s post-conviction petition “properly filed” as of the date of its initial submission.
Indiana Senate backs narrow bill to end health emergency
The Indiana Senate has approved a bill taking administrative steps that Gov. Eric Holcomb has said are needed in order for him to end the statewide COVID-19 public health emergency.