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A split Indiana Supreme Court has reversed the suppression of a man’s statements made during a police interrogation, finding that the limited curtailment of his freedom of movement wasn’t akin to formal arrest. But one justice dissented, arguing that the suspect’s language barrier could have kept him from knowing he was free to leave.
Indiana Supreme Court
State of Indiana v. Tyson Timbs
20S-MI-289
Miscellaneous. Affirms the order for the return of Tyson Timbs’ Land Rover, seized in 2013 after Timbs pleaded guilty to dealing and theft charges. Finds that under the proportionality framework set forth in State v. Timbs, 134 N.E.3d 12, (Ind. 2019), Timbs met his high burden to show that the harshness of his Land Rover’s forfeiture was grossly disproportionate to the gravity of the underlying dealing offense and his culpability for the vehicle’s misuse. Justice Geoffrey Slaughter concurs in the judgment with separate opinion. Justice Mark Massa dissents with separate opinion.
After seven-plus years of litigation, the Indiana Supreme Court has ruled in favor of a Marion man seeking the return of his seized white Land Rover. The majority justices concluded Thursday that Tyson Timbs met his high burden of showing that the harshness of his vehicle’s forfeiture was grossly disproportionate to the gravity of his underlying drug dealing offense and culpability for the vehicle’s misuse.
Indiana Court of Appeals Judge Nancy Vaidik is “steadily improving” after being hit by a falling tree branch while bicycling near the Indiana Dunes State Park on Sunday morning.
Indiana Supreme Court justices split 3-2 in declining to hear further argument from a Lake County juvenile whose house arrest was extended without a hearing being held on the matter.
The Indiana Supreme Court has certified senior judge status for Starke Circuit Court Magistrate Judge Jeanene Calabrese.
At least seven people have been charged with murder in the fatal beating of an inmate at the Marion County jail.
A St. Joseph County magistrate has been appointed to the St. Joseph Superior Court bench, the governor’s office announced this month. A judge has also been appointed to the Terre Haute City Court.
An Indianapolis police officer was speeding and made an illegal lane change just before his patrol car struck and killed a pregnant woman last year near a highway ramp, the woman’s boyfriend alleges in a federal lawsuit.
A judge has ruled in favor of a utility in a lawsuit filed over a 2017 natural gas explosion in southwestern Indiana that killed two women and injured three other people. A Vanderburgh County judge granted CenterPoint’s motion for summary judgment on Tuesday in the civil lawsuit.
Before selecting three finalists to move up to Indiana Gov. Eric Holcomb’s desk for review to become the next judge of the Indiana Court of Appeals, 12 candidates sat before the Indiana Judicial Nominating Commission on Tuesday to be interviewed for the post.
A pizza delivery man who arrived at the courthouse with a counterclaim one year and nine months after the complaint had been filed will be able to present his case following a decision by a split Indiana Court of Appeals, which found “justice requires” he should be allowed to serve up his arguments.
A man whose meth manufacturing case has twice been through the appellate process has lost in a third appeal, this time challenging the denial of his petition for post-conviction relief.
A Putnam County flooring business couldn’t win against a neighboring hotel in an easement dispute involving a sign the company argued was a burden to its property.
A split Indiana Court of Appeals panel has affirmed judgment for Michigan City after a cyclist was injured on a city street, finding the city was immune from the cyclist’s negligence claim. A dissenting judge, however, would have reversed on the issue of immunity.
A man convicted of multiple felonies after using counterfeit money at a drug store failed to convince the Indiana Court of Appeals that an officer’s request to see an identifying logo on his clothes violated his constitutional rights.
Indiana Court of Appeals Hicks & Sons, LLC v. Carewell International, LLC 20A-PL-1874 Civil plenary. Affirms the determination that Carewell International Inc. could continue displaying a Holiday Inn hotel sign within a driveway easement over Hicks and Sons LLC’s real estate. Finds the evidence presented at trial supports the Putnam Superior Court’s determination that the […]
Program Chairs: • Justice Steven H. David, Indiana Supreme Court • Chief Judge Cale J. Bradford, Indiana Court of Appeals Click here for agenda, speakers and additional details. Date: Thursday, September 30 – Friday, October 1, 2021 Time (local time): 9:00 am – 4:30 pm – Thursday, Sept 30 8:30 am – 4:00 pm – […]
An Indianapolis man has been sentenced to 30 years in prison after pleading guilty in a drunken driving crash that killed a young couple in 2019.
For months, President Joe Biden has laid out goal after goal for taming the coronavirus pandemic and then exceeded his own benchmarks. Now, though, the U.S. is unlikely to meet his target to have 70% of Americans at least partially vaccinated by July 4.