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Elkhart judge rejects fatal crash plea, surprising victim’s parents

February 24, 2020 | Associated Press

A northern Indiana judge has rejected a man’s plea agreement in a fatal 2015 car crash, frustrating the victim’s parents, who say they want the long-running case behind them.

Opinions Feb. 21, 2020

February 21, 2020

Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.

CHINS statutory deadline overridden by trial rule

February 21, 2020 | Marilyn Odendahl

In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.

Lawyer’s lie on jury questionnaire prompts retrial in murder case

February 21, 2020 | Katie Stancombe

A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.

Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case

February 21, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.

Justices: Seized evidence must be suppressed in GPS tracker case

February 21, 2020 | Olivia Covington

Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.

Bill extending sex crimes statute of limitations advances to full House

February 21, 2020 | Katie Stancombe

“How many more victims will there be?” Dawn Price, a survivor of childhood sexual abuse, posed that question before the Indiana House Courts and Criminal Code Committee on Wednesday while testifying in support of legislation that would extend the amount of time victims have to prosecute their perpetrators.

SCOTUS considering South Bend abortion clinic case without evidence of clinic corrections

February 21, 2020 | Olivia Covington

The bid to take yet another Indiana abortion case to the United States Supreme Court will proceed without evidence of a South Bend abortion clinic’s efforts to correct state licensing violations. The procedural ruling comes as the nation’s highest court is set to consider the case in conference Friday.

 

Justices return for season of big decisions, amid campaign

February 21, 2020 | Associated Press

The U.S. Supreme Court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax and other financial records, abortion, LGBT rights, immigration, guns, church-state relations and the environment.

ACLU files Wabash County Jail overcrowding suit

February 21, 2020 | Olivia Covington

Raising allegations of unconstitutional conditions, the American Civil Liberties Union of Indiana has filed a lawsuit against Wabash County for “chronic” jail overcrowding.

Intel officials say Russia boosting Trump candidacy

February 21, 2020 | Associated Press

Intelligence officials have warned lawmakers that Russia is interfering in the 2020 election campaign to help President Donald Trump get reelected, according to three officials familiar with the closed-door briefing.

Trump ally Roger Stone sentenced to 40 months in prison

February 20, 2020 | Associated Press

Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.

Timbs forfeiture case back in trial court for excessiveness ruling

February 20, 2020 | Olivia Covington

Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.

Expungement wait-time case sparks confusion during oral argument

February 20, 2020 | Katie Stancombe

Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.

Holcomb orders steps on Lake Michigan shoreline erosion

February 20, 2020 | Dave Stafford

As the Great Lakes continue to rise to record levels and the Indiana shoreline of Lake Michigan continues to erode and put at risk nearby homes, roads and infrastructure, Gov. Eric Holcomb on Thursday took official action that may be a catalyst for a future disaster declaration.

Opinions Feb. 20, 2020

February 20, 2020

Indiana Court of Appeals
Jason Pfledderer and Walking With Jesus Ministries v. DeParris Pratt
19A-SC-1723
Small claims. Reverses the judgment of the St. Joseph Superior small claims court in favor of DeParris Pratt on his claim of wrongful ejectment against Jason Pfledderer and Walking With Jesus Ministries after Pratt was barred from continuing to live in a ministry-operated residence. Holds the ministry falls under an exception to Indiana’s landlord-tenant statutes. Remands with instructions to enter judgment for Pfledderer and the ministry.

Appeals panel upholds South Bend murder conviction

February 20, 2020 | Dave Stafford

A man convicted of murdering the person he believed was responsible for killing his sister failed to convince a panel of the Indiana Court of Appeals that his conviction was in any way flawed.

Reversal: Ministry’s re-entry program excepted from landlord-tenant statutes

February 20, 2020 | Dave Stafford

A South Bend ministry that provides transitional housing and job training for people re-entering society after incarceration won an appeal against a man who was awarded damages after claiming he was wrongly barred from the property and forced to come up with money to stay at a hotel.

Toxic Superfund cleanups decline to more than 30-year low

February 20, 2020 | Associated Press

The Trump administration completed the fewest cleanups of toxic Superfund sites last year than any administration since the program’s first years in the 1980s, figures released by the Environmental Protection Agency indicated Wednesday.

Kokomo councilman ‘sorry’ for Islamophobic posts won’t resign

February 20, 2020 | Associated Press

An Indiana city councilman whose predecessor resigned after posting Islamophobic comments online says he will not step down after he was also criticized for sharing similar views on Facebook.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Mark Sanchez and Fox sued over weekend altercation in Indy

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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