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A man charged with multiple counts of sexual misconduct with a minor has successfully appealed for the dismissal of some of those charges — but only as it relates to alleged offenses that fell outside a statute of limitations period that was changed before the charges were filed.
Indiana Court of Appeals
Zachary Fix v. State of Indiana
20A-CR-1566
Criminal. Affirms and reverses in part Zachary Fix’s convictions of Level 2 felony burglary while armed with a deadly weapon, Level 5 felony robbery and Level 6 felony theft. Finds the state did not present sufficient evidence to prove Fix committed Level 2 felony burglary while armed with a deadly weapon because Fix was not armed when he broke and entered the burglarized building. Also finds that Fix can be convicted of both burglary and robbery without violating the Indiana Constitution’s prohibition against double jeopardy. Remands with instructions for the Madison Circuit Court to vacate Fix’s conviction of Level 2 felony burglary and enter convictions of Level 3 felony armed robbery and a lower-level burglary offense and to resentence him.
A mother who was twice banned from the hospitals where her son was being treated and a father who was found passed out and drunk on the lawn of their temporary housing failed in their challenge to the adjudication of the severely ill son as a child in need of services.
A man who represented himself at his probation revocation hearing for driving without a license hit a roadblock when he tried to go directly to the Indiana Court of Appeals and argue he did not knowingly, intelligently and voluntarily waive his right to counsel.
Two people have been arrested after one of them allegedly tried to take a 1-year-old child from a shopping cart in a central Indiana Walmart store.
A woman on a porch was shot by four Indianapolis police officers and killed Friday after refusing orders to not touch her gun, authorities said.
A northern Indiana man convicted in his uncle’s fatal 2015 shooting insulted a judge with profanity before he sentenced him to 63 years in prison.
A former town marshal has been charged with attempted murder for allegedly shooting a southwest Indiana sheriff’s deputy in the head last weekend, critically wounding him.
The Supreme Court says it will hold a ceremonial swearing-in for Justice Amy Coney Barrett on Oct. 1, delayed by nearly a year because of the coronavirus pandemic.
It’s a consequential week for President Joe Biden’s agenda, as Democratic leaders delicately trim back his $3.5 trillion “Build Back Better” package to win over remaining lawmakers and work to quickly pass legislation to avoid a federal shutdown.
The House passed legislation Friday that would guarantee a woman’s right to an abortion, an effort by Democrats to circumvent a new Texas law that has placed that access under threat.
Indiana Court of Appeals
Steak N Shake Operations, Inc. v. National Waste Associates, LLC, et al.
21A-CP-00213
Civil plenary. Reverses the Marion Superior Court’s grant of National Waste Associates’ motion for summary judgment and its denial of Steak ’n Shake’s motion for summary judgment. Holds there are genuine issues of material fact concerning the terms and conditions under which National employed Aspen Waste Systems of Missouri as its subcontractor. Holds that National is not entitled to judgment as a matter of law, but Steak ’n Shake is entitled to judgment as a matter of law on both its complaint and on National’s counterclaim. Remands with instructions for the court to enter summary judgment for Steak ’n Shake and to determine Steak ’n Shake’s damages.
A woman who filed a lawsuit against a Muncie police officer for allegedly throwing her into a brick wall and causing her to sustain significant facial injuries is now being criminally charged for making the allegations that the Delaware County Prosecutor calls “completely, totally, and demonstrably false.”
On Thursday, a retirement ceremony was held for retiring Indiana Court of Appeals Judge James Kirsch in the Indiana Supreme Court courtroom at the Statehouse in Indianapolis.
The Indiana Department of Health announced Friday that booster doses of Pfizer’s COVID-19 vaccine are available to eligible Hoosiers following federal authorization of the additional dose.
Senate Democrats are making one last effort to have an influence on Indiana’s Republican-controlled redistricting process by hosting their own additional public hearings around the state this week and next.
The Indiana Court of Appeals has reversed in favor of a popular Indiana-based restaurant chain in an indemnification clause dispute with a waste removal company it contracted with.
The Indiana Supreme Court has suspended two attorneys from the practice of law in Indiana after neither paid fees they owed to the court’s Disciplinary Commission for the costs of prosecuting them.
A St. Joseph County judge retired earlier this month, prompting the Judicial Nominating Commission to begin searching for his replacement on the bench.
The House is voting Friday on legislation aimed at guaranteeing a woman’s right to an abortion, an effort by House Democrats to circumvent a new Texas law that has placed that access under threat.