Critics say Indiana redistricting dilutes minority influence
Critics on Monday assailed the proposed new Indiana congressional and legislative districts as rigged in favor of Republicans, alleging they dilute the influence of minority voters.
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Jan. 6 trials slowed by mounting evidence in US Capitol riot
In the nearly nine months since Jan. 6, federal agents have tracked down and arrested more than 600 people across the United States believed to have joined in the riot at the U.S. Capitol. Getting those cases swiftly to trial is turning out to be an even more difficult task.
John Hinckley, who shot Reagan, to be freed from oversight
A federal judge said Monday that John Hinckley Jr., who tried to assassinate President Ronald Reagan four decades ago, can be freed from all remaining restrictions next year if he continues to follow those rules and remains mentally stable.
COA finds juvenile court has jurisdiction over 8-year-old child molestation accusation
The Indiana Court of Appeals was able to forgo having to choose a side in a knotty policy argument by citing state statute which gave the juvenile court jurisdiction in a case of alleged child molestation that didn’t come to light until the accused offender was over 18 years of age.
Former Rep. Messer jumps to Bose Public Affairs Group
Former U.S. Rep. Luke Messer has left law firm Faegre Drinker to join Indianapolis-based Bose Public Affairs Group LLC, where he will counsel corporate clients in Indiana and in Washington, D.C., on governmental matters.
COA tosses Level 2 felony because burglar was unarmed at time of entry
The Court of Appeals has partially overturned a Madison County man’s criminal conviction, finding that even though he threatened his partially-paralyzed victim with a handgun, he did not commit a Level 2 felony of burglary while armed because he did not have the weapon when he broke into the home.
Amended statute of limitations helps, hurts man charged with sexual misconduct with a minor
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.
Opinions Sept. 27, 2021
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.
Parents with physical, mental, legal troubles lose appeal of CHINS ruling
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.
COA says defendant has to pursue claims through post-conviction proceedings
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 jailed after attempted kidnapping of child in Kokomo store
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.
Woman accused of reaching for gun is killed by Indianapolis police
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.
Elkhart man convicted in uncle’s slaying insults judge
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.
Former SW Indiana town marshal charged in Posey Co. deputy’s shooting
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.
Supreme Court sets Barrett ceremonial swearing-in for Oct. 1
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.
Biden, Congress face big week for agenda, government funding
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.
House votes to protect abortion rights amid state challenges
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.
Opinions Sept. 24, 2021
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.
Muncie woman suing police charged with false informing by prosecutor
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.”
COA Judge Kirsch honored at retirement ceremony
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.