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Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal

January 24, 2022 | Katie Stancombe

A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.

Opinions Jan. 24, 2022

January 24, 2022

Court of Appeals of Indiana
Britni N. Wihebrink v. State of Indiana
21A-CR-1749
Criminal. Affirms Britni Wihebrink’s sentence to 30 years, entered pursuant to a plea agreement capping her sentence for a Level 1 felony at 30 years. Finds that because Wihebrink’s argument is not one of illegality under Crider v. State, 984 N.E.2d 618 (Ind. 2013), she did not have the right to challenge her sentence on direct appeal because her plea agreement waived the right to appeal her sentence. Also finds Wihebrink is not an “eligible defendant” under Post-Conviction Rule 2. Judge Edward Najam dissents with separate opinion.

Indianapolis attorney reinstated after suspension for lying on law school, bar applications

January 24, 2022 | IL Staff

An Indianapolis attorney who was previously suspended for lying on his law school and bar admission applications may once again practice law in the Hoosier State.

Assessment and Intervention Center takes on broad mandate

January 24, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

When Indianapolis’ Assessment and Intervention Center opened in December 2020, it did so in the middle of the construction site that has become the Community Justice Campus, during what was then the deadliest and most infectious month of the pandemic. Since then, the AIC, originally intended to divert low-level, nonviolent offenders from Marion County’s criminal justice apparatus, has conducted more than 1,700 assessments for Indianapolis residents struggling with mental health or substance abuse disorders.

Former Adams Co. judge banned from judicial service for life following campaign-related misconduct

January 24, 2022 | IL Staff

A former Adams County Drug Court judge has been banned from judicial service in Indiana for life after violating judicial conduct rules related to his failed 2020 reelection campaign.

Criminal case against former Celadon execs headed for court

January 24, 2022 | Susan Orr, Indianapolis Business Journal

More than two years after they were indicted on multiple fraud charges, two former Celadon Group Inc. executives are soon to have their day in court — if the pandemic allows it.

March trial set for suspect in Indiana officer’s slaying

January 24, 2022 | Associated Press

An Indiana man indicted in the fatal shooting of a Terre Haute police detective who was also an FBI task force officer faces a March trial in the slaying.

Man gets 110 years for Indianapolis shooting that killed 2

January 24, 2022 | Associated Press

A man has been sentenced to 110 years in prison for the fatal 2019 shootings of two people outside an Indianapolis strip club.

Indiana lawmakers waiting on Supreme Court abortion decision

January 24, 2022 | Associated Press

Indiana lawmakers are holding off on pursuing major anti-abortion action as they await a U.S. Supreme Court decision that could roll back abortion rights across the country.

Justices to hear challenge to race in college admissions

January 24, 2022 | Associated Press

The conservative-dominated Supreme Court on Monday agreed to hear a challenge to the consideration of race in college admissions, adding another blockbuster case to a term with abortion, guns, religion and COVID-19 already on the agenda.

High court could limit 2020 tribal land decision in Oklahoma

January 24, 2022 | Associated Press

The Supreme Court agreed Friday to consider limiting a recent decision about Native American land in Oklahoma that the state says has produced chaos in its courts.

Indiana recovers $316K from settlement of Medicaid fraud kickback scheme

January 21, 2022 | IL Staff

The Indiana Medicaid program has recovered more than $316,000 in funds from a $4.9 million resolution of allegations against PharMerica Inc., one of the nation’s largest long-term care pharmacies, after 14 years of litigation.

Indiana’s pro bono hours, dollars drop in pandemic

January 21, 2022 | Marilyn Odendahl

The pro bono hours and contributions Indiana lawyers reported in 2020 were down from the previous year, but the dip is attributed to the disruption caused by the COVID-19 pandemic, and the numbers are expected to turn upward in 2022.

House Courts and Criminal Code Committee to hear sentencing bills

January 21, 2022 | Jordan Morey

A trio of Republican Indiana House bills will be heard before the Courts and Criminal Code Committee on Monday, including two pieces of legislation focused on sentencing.

Opinions Jan. 21, 2022

January 21, 2022

Court of Appeals of Indiana
Joy Adebola Adewopo v. Cheedy Thomas Jaja (mem. dec.)
21A-DC-880
Domestic relations with children. Affirms the division of martial assets arising from the dissolution of the marriage of Joy Adebola Adewopo and Cheedy Thomas Jaja. Finds the Hendricks Superior Court did not abuse its discretion by including certain items in the marital pot, including a house, Adewopo’s property interest in her inherited properties in Africa and Jaja’s student loans. Also finds the trial court did not err by equally dividing the martial estate between the parties.

State lawmakers spar with Marion County sheriff over funding control

January 21, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Marion County-specific legislation restricting the use of certain sheriff’s office funds will make its way to the full Indiana Senate after passing out of committee Thursday along partisan lines.

Lawmakers consider statewide restrictions on the location of sexually-oriented businesses

January 21, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Legislation that would create statewide restrictions on where sexually-oriented businesses such as adult bookstores and strip clubs could locate is headed to the full Indiana House for consideration.

Escape Room locations sue SBA after missing out on pandemic relief funds

January 21, 2022 | Dave Lindquist, Indianapolis Business Journal

The Escape Room USA locations in Fishers and Indianapolis are suing the U.S. Small Business Administration, hoping to be recognized as live entertainment venues that qualify for pandemic relief funds.

Kokomo woman sentenced for drowning grandson in bathtub

January 21, 2022 | Associated Press

A Kokomo woman who police say confessed to drowning her 4-year-old grandson was sentenced Thursday to 65 years.

Indiana lawmakers to weigh bill banning transgender athletes

January 21, 2022 | Associated Press

Indiana lawmakers will consider a Republican-backed bill that would ban transgender women and girls from participating in school sports that match their gender identity.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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