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COA: Bail bondsmen prevail in slaying of Kosciusko County man with outstanding charges

August 9, 2021 | Katie Stancombe

Two parents seeking justice for their son after he was shot and killed during an attempt by bail bondsmen to apprehend him at their home did not sway an Indiana Court of Appeals decision that ruled for the bail bond company.

 

Opinions Aug. 9, 2021

August 9, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Friday.

USA v. Bryant Love
20-2131, 20-2297
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.

Criminal. Reverses and remands the Indiana Northern District Court’s ruling that only two of Bryant Love’s three prior offenses amounted as predicates under the Armed Career Criminal Act. Finds Love’s 2015 Indiana Class D battery resulting in bodily injury counts as an ACCA predicate and orders for his resentencing on multiple drug counts and a felon-in-possession count.

COA again knocks down law limiting deposition of alleged child victims

August 9, 2021 | Marilyn Odendahl

For at least the fourth time, the Indiana Court of Appeals has found a law passed by the Indiana General Assembly in 2020 which limited defendants’ ability to depose alleged victims of molestation “impermissibly conflicts” with the Indiana Rules of Trial Procedure.

St. Joseph County settles with wrongfully jailed former inmate

August 9, 2021 | Associated Press

A northern Indiana county has reached a financial settlement with a former inmate who was wrongfully jailed for more than 40 days after being charged in two counties for the same offense.

Gas City woman guilty of murder in stepdaughter’s slaying

August 9, 2021 | Associated Press

A jury has convicted a northern Indiana woman of the strangulation death of her 10-year-old stepdaughter.

Life without parole sought for Fort Wayne man charged with killing 4

August 9, 2021 | Associated Press

Prosecutors are seeking life without parole for a man charged in the killing of a woman and her three children. Cohen Bennett Hancz-Barron, 21, of Fort Wayne, who faces four counts of murder, appeared Friday in Allen Superior Court as prosecutors requested the sentence.

Elkhart man convicted in 2015 slaying of his uncle

August 9, 2021 | Associated Press

A northern Indiana man has been convicted in the 2015 killing of his uncle, who authorities believe was shot and then burned along with the mattress to his bed.

Psychiatrists to assess Clarksville man charged in grisly death

August 9, 2021 | Associated Press

A southern Indiana man charged with killing a woman whose decapitated, mutilated body was found inside her burning apartment will be evaluated by psychiatrists to determine whether he has an intellectual disability.

7th Circuit upholds search warrant that contained false information

August 9, 2021 | Marilyn Odendahl

The 7th Circuit Court of Appeals agreed with the Northern Indiana District Court that a federal agent’s explanations were plausible and he was “at worst, negligent…” when he obtained a search warrant by telling a magistrate judge a controlled delivery of drugs would be made and then told the magistrate judge the illegal drugs had been recovered even though no drugs had ever been delivered or retrieved.

Faegre Drinker mandating vaccines, other Indiana law firms still encouraging vaccinations

August 6, 2021 | Marilyn Odendahl

Starting Monday, Faegre Drinker Biddle & Reath will be requiring employees and visitors to be fully vaccinated against the COVID-19 virus before being allowed to enter any of its offices, according to the law firm.

Opinions Aug. 6, 2021

August 6, 2021

Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.

Lawyer who told Disciplinary Commission ‘I politely dare you’ suspended for 30 days with automatic reinstatement

August 6, 2021 | Katie Stancombe

An attorney who “politely dared” the Indiana Supreme Court Disciplinary Commission to question his character has been suspended from the practice of law in Indiana for 30 days with automatic reinstatement.

COA: Expired prescription doesn’t support narcotics possession conviction

August 6, 2021 | Katie Stancombe

A woman who still had Oxycodone pills after her prescription had expired should not have been convicted for possession of a narcotic drug, the Indiana Court of Appeals has ruled.

7th Circuit dismisses as moot state’s appeal of habeas relief in Elkhart murder case

August 6, 2021 | Katie Stancombe

The 7th Circuit Court of Appeals has dismissed as moot Indiana’s appeal of a conditional writ of habeas corpus for a man convicted of murder as a teenager, finding that state-court vacatur of the conviction ended the appellate court’s jurisdiction over the petition.

Students challenging IU vaccine mandate file for SCOTUS review

August 6, 2021 | Olivia Covington

The legal battle over whether Indiana University’s COVID-19 vaccine mandate is constitutional is now at the U.S. Supreme Court.

Indy attorneys suspended for conviction, disability

August 6, 2021 | IL Staff

One Indianapolis lawyer has been suspended from practicing law in Indiana following a criminal conviction while another Indianapolis lawyer has been suspended due to a disability.

Heavy-hitter women judges to be honored at ISBA 19th Amendment event

August 6, 2021 | IL Staff

Past and present female judges from across the state will gather this month at an Indiana State Bar Association event to reflect on the history and significance of the 19th Amendment.

Ride operator charged with murder in brawl at Jackson Co. fair

August 6, 2021 | Associated Press

A ride operator at a southern Indiana county’s fair has been charged with murder following the death of a man who fell unconscious during a closing time brawl, authorities said.

Police: Deputies fatally shoot Rockville man who fired at them

August 6, 2021 | Associated Press

Sheriff’s deputies fatally shot a western Indiana man who opened fire on them when they arrived at a residence to investigate a disturbance between a father and son, state police said.

Appeals court upholds murder conviction of ex-Dallas officer

August 6, 2021 | Associated Press

A Texas appeals court on Thursday upheld the murder conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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