Justices reverse, remand for new trial in theft case
Indiana Supreme Court justices on Friday reversed a $350,000 verdict and attorney fee award for a Monroe County woman, remanding the case for a new trial on her theft claims.
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In 1st impression case, COA says officers must explain training to get warrants based on drug odors
The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
Justices reverse custody order after judge ‘conflated’ contempt with best interests
A mother has regained legal custody of her child for now after the Indiana Supreme Court reversed a trial court order Friday, finding that a lower court judge improperly “coupled” a finding of contempt against the mother with an analysis into the child’s best interests.
February bar to be remote, last to include Indiana essay questions
Indiana will again be administering its bar exam remotely in February but, unlike the test given during the summer, this time the exam will be two-days and applicants will not be allowed to consult any outside materials.
CJ Rush: Pandemic changed judiciary, but courts kept working
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
Indiana teen convicted of murder committed when he was 13
A teenager who was 13 when accused of killing an 18-year-old in northern Indiana has been convicted of murder.
Trucker in I-69 crash that killed 3 won’t be charged
A truck driver who caused a chain-reaction crash along a northeastern Indiana highway that killed a Michigan couple and another person will not face criminal charges in that crash, a prosecutor said.
US inmate scheduled to be executed tests positive for virus
| IL Staff and Associated Press
A federal prisoner scheduled to be executed just days before President-elect Joe Biden takes office has tested positive for coronavirus, his lawyer said Thursday.
Pence, wife Karen, surgeon general get COVID-19 vaccines
Vice President Mike Pence was vaccinated for COVID-19 on Friday in a live-television event aimed at reassuring Americans the vaccine is safe. He celebrated the shot as “a medical miracle” that could eventually contain the raging coronavirus pandemic.
Opinions Dec. 17, 2020
Indiana Court of Appeals
State of Indiana v. Emmanuel Torres, et al.
20A-CR-943
Criminal. Reverses the grant of Ramon Sanchez’s and Emmanuel Torres’ motions to suppress evidence in Clinton Superior Court obtained after their vehicles were stopped for failing to use their turn signals for at least 200 feet before turning at a stop sign. Finds that Sanchez’s and Torres’ failure to signal a turn until they reached a stop sign was enough for Frankfort officer Kaleb Thompson to establish a reasonable belief that Indiana Code § 9-21-8-25 had been violated. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.
Holcomb’s agenda calls for increasing K-12 funding, continuing existing programs
Indiana Gov. Eric Holcomb said he will try to increase funding for K-12 education in the state’s next two-year budget and, at a minimum, restore previous funding levels for higher education institutions.
Longtime Marion County jurist Shook takes senior status
| IL Staff
The Indiana Supreme Court on Monday certified retiring Marion Superior Court Magistrate Judge Deborah Jean Shook as a senior judge for 2021, beginning Jan. 1.
COA reversal affirms charges but judge calls out ‘arbitrary’ traffic stops
Incriminating evidence found when two separate drivers were stopped for failing to signal a turn in advance can be used against them, the Indiana Court of Appeals has ruled, though one judge is calling on the Legislature to review traffic laws that lead to “arbitrary” traffic stops.
Judge voted out after suspension for role in shooting gets conditional senior status
| IL Staff
The Indiana Supreme Court has given an unusual provisional senior judge certification to a Clark County jurist who was suspended after his involvement in a downtown Indianapolis shooting and subsequently lost his reelection bid.
Authorities: Video contradicts account of murder suspect’s escape
Video of a murder suspect’s escape from a security company’s transport van contradicts the driver’s story that the man jumped through an open window while the vehicle was stopped at a McDonald’s in Indiana, authorities say.
US Supreme Court reinstates Arizona inmate’s death sentence
The U.S. Supreme Court has reinstated the death sentence for an Arizona prison inmate convicted of killing a man during a 1994 robbery in Yavapai County, state prosecutors said Tuesday.
High court agrees to hear NCAA athlete compensation case
For the first time in more than three decades, the Supreme Court will hear a case involving Indianapolis-based NCAA and what it means to be a college athlete.
Senate hearing elevates baseless claims of election fraud
Republican senators on Wednesday further perpetuated President Donald Trump’s baseless claims of widespread voter fraud, two days after Democrat Joe Biden’s victory was sealed by the Electoral College.
Indiana among 10 states suing Google for ‘anti-competitive’ online ad sales
| Associated Press and IL Staff
Indiana is among 10 states that on Wednesday brought a lawsuit against Google, accusing the search giant of “anti-competitive conduct” in the online advertising industry, including a deal to manipulate sales with rival Facebook.
Southern District suspends in-person trials till March
The Indiana Southern District Court has suspended all in-person jury trials until next year, a move announced just days after the Indiana Supreme Court implemented the same restrictions in state court due to the pandemic. Federal in-person jury trials in the Northern District also have been continued until at least late January.