Denial of disability benefits upheld at 7th Circuit
Despite one doctor’s opinion that she was disabled, a woman who was denied disability benefits failed to win her case at the 7th Circuit Court of Appeals.
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Juvenile justice reform bill heads to House with bipartisan support
The Indiana Senate passed a bill Wednesday that could save the state nearly $1 million in federal funding by prohibiting juveniles charged with crimes from being held in adult jails.
Parents’ gender-marker change requests for transgender kids splits COA
Two Indiana trial courts must reconsider parents’ requests to change their children’s birth certificate gender markers, a majority of the Indiana Court of Appeals ruled Wednesday, finding parents have statutory authority to request the changes for their minor transgender children. A dissenting judge, however, opined that Wednesday’s decision was a judicial overreach into legislative powers.
Senate OKs bill to limit governor’s emergency orders to 60 days
The Indiana Senate on Tuesday passed a bill that would put a 60-day limit on emergency orders issued by the governor unless the Legislature weighs in. The proposal is substantially different from a bill restricting the governor’s emergency powers that previously passed the House.
Indiana Senate passes police use-of-force bill
Indiana senators advanced a measure Tuesday that would allow police to determine what use of force is reasonable in some cases. The bill is now headed to the House.
Evansville nurse, husband charged in connection with Capitol riot
An Evansville nurse and her husband who were accused of participating in the Jan. 6 U.S. Capitol riot were arrested Tuesday, the FBI said.
Indianapolis police shoot, critically wound person
An unidentified man was hospitalized in critical condition Tuesday after exchanging gunfire with Indianapolis police on the city’s east side.
Judge bans enforcement of Biden’s 100-day deportation pause
A federal judge late Tuesday indefinitely banned President Joe Biden’s administration from enforcing a 100-day moratorium on most deportations. Texas argued the moratorium violated federal law and risked imposing additional costs on the state.
Capitol defenders cite missed intelligence for deadly breach
Missed intelligence was to blame for the outmanned Capitol defenders’ failure to anticipate the violent mob that invaded the iconic building and halted certification of the presidential election on Jan. 6, the officials who were in charge of security that day said in their first public testimony on the insurrection.
Bill challenging ‘noncompliant’ prosecutors clears Indiana Senate
A controversial bill that would allow the Indiana attorney general to request a special prosecutor if elected prosecutors become “noncompliant” passed the Indiana Senate on Tuesday. Senate Bill 200 is now headed to the Indiana House for further consideration.
Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
Teen sentenced to life without parole wins resentencing
A man convicted as a teen of murdering his 10-year-old brother will get a new sentencing hearing after the Indiana Court of Appeals found his representation “wholly deficient” at his first sentencing hearing that led to his sentence to life without parole.
Appeals court upholds mom’s 40-year neglect sentence in toddler’s death
The mother of a child whose boyfriend was sentenced to life in prison without parole in the 18-month-old’s death failed to show in her appeal that she was wrongly convicted and sentenced to 40 years in prison for her role in the child’s brutalization and death.
Opinions Feb. 23, 2021
Indiana Court of Appeals
Andrew Conley v. State of Indiana
19A-PC-3085
Post conviction. Affirms and reverses in part Andrew Conley’s amended petition for post-conviction relief. Finds Conley’s trial counsel failed to adequately present mitigating evidence, missed opportunities to present expert testimony on scientific evidence regarding the juvenile brain, and missed opportunities to zealously present evidence and challenge the state’s evidence regarding Conley’s mental health. Also finds Conley has shown that his trial counsel’s performance fell well short of prevailing profession norms, and his trial counsel’s deficient performance prejudiced his defense to the extent there is a probability sufficient to undermine confidence in the outcome. Finally, finds the post-conviction court’s denial of Conley’s ineffective assistance of trial counsel claim is clearly erroneous, but the court’s denial of the remainder of Conley’s claims is not clearly erroneous. Remands to the Ohio Circuit Court for a new sentencing hearing.
Revisiting foreclosure case, COA reaffirms money judgment
A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.
Indiana House backs ending gun permits, tighter abortion law
Republicans pushed bills through the Indiana House on Monday that would repeal the state’s permit requirement for carrying a handgun in public and further tighten the state’s abortion laws, joining movements in several other GOP-controlled states.
Number injured after Indianapolis jail power outage rises to 28
Nearly 30 inmates were injured in falls or fights after a power outage plunged a privately operated jail in Indianapolis into darkness and a backup generator failed to kick on, officials said. The total reportedly injured in falls or fights was significantly higher than the initial number reported Monday.
High court to take up Trump immigration, abortion referral rules
The United States Supreme Court said Monday it will take up challenges to controversial Trump administration policies affecting family-planning clinics and immigrants, even though the Biden administration has announced it is reviewing them.
COA reverses denied expungement for Elkhart County man
A man who was denied a petition to expunge his criminal record had the pendulum swing in his favor on Tuesday after an appellate panel reversed to grant his expungement request.
Black caucus calls for reprimands, implicit bias training after House altercations
The Indiana Black Legislative Caucus is calling for lawmaker reprimands, implicit bias training and member safety measures in response to a heated Indiana House session last week that featured allegations of racism, on-the-floor boos and lawmaker confrontations in the halls and a restroom.