Indianapolis officer fatally shot on domestic violence call
An Indianapolis police officer was shot and killed Thursday while responding to a domestic violence call, authorities said.
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Opinions April 9, 2020
Indiana Court of Appeals
Trent Dean McPhearson v. State of Indiana
19A-MI-3035
Miscellaneous. Affirms the Madison Circuit Court’s order vacating its previous order removing Trent McPhearson’s name from the Indiana Sex Offender Registry. Finds no error in the granting the attorney general’s motion to vacate since the AG’s office had not been notified of the removal petition as required by statute.
ACLU sues to block new Indiana panhandling law
A new Indiana law that effectively bans panhandling in downtown areas effective July 1 is being challenged in a federal lawsuit filed Thursday by the American Civil Liberties Union of Indiana, which claims that in addition to panhandlers, it and other organizations whose members personally collect donations would be broadly banned from doing so under the new law.
Order vacating man’s removal from sex offender registry affirmed
A trial court that vacated its prior order removing a man’s name from the Indiana Sex Offender Registry was correct in doing so because the Indiana Attorney General’s Office had not been notified of the offender’s request to be taken off the registry, the Indiana Court of Appeals ruled Thursday.
Indiana COVID-19 deaths hit daily high, toll rises to 245
| IL Staff
The Indiana Department of Health on Thursday reported the most daily deaths to date due to coronavirus, 42, bringing to 245 the number of state residents who have died from COVID-19. New cases also continued to rise: 408 new positive tests brought the statewide total to 6,351.
Justices deny ACLU petition to release inmates amid COVID-19
Indiana Supreme Court justices have denied a petition from the American Civil Liberties Union of Indiana inviting the high court to engage in emergency rulemaking to facilitate the release of Hoosier inmates at risk for contracting COVID-19.
Clinton Superior judge to return to bench after military deployment
| IL Staff
The judge of the Clinton Superior Court will be back on the bench at the courthouse in Frankfort on Monday nearly a year after a senior judge was temporarily appointed to serve in his place while the sitting judge was deployed on military duty.
Indiana Supreme Court allowing graduates to work as legal interns
Noting the uncertainty over whether the bar exam will be administered in July, the Indiana Supreme Court has issued an order that will allow the law school Class of 2020 to represent clients and do legal work on a limited basis.
Prosecutor seeks special investigation in fatal South Bend shooting
An Indiana prosecutor has asked a judge to approve a special investigation into a murder case after the defendant alleged investigators lied about details under oath.
Fishers attorney gets stayed suspension for professional misconduct
| IL Staff
Indiana Supreme Court justices have issued a 60-day stayed suspension for a Fishers attorney who acknowledged he failed to properly represent a client in a divorce case and mishandled another client’s workplace sexual harassment claim.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
Opinions April 8, 2020
Indiana Court of Appeals
Harold Warren v. State of Indiana
19A-PC-01604
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.
Indiana COVID-19 top 200 as cases near 6,000
| IL Staff
Indiana’s coronavirus death toll rose by 30 as of Wednesday, the State Department of Health reported. The total lives claimed in Indiana by COVID-19 rose to 203, while presumptive positive cases climbed to 5,507, an increase of 436 cases.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
COA affirms inventory search, seizure in traffic stop
The Indiana Court of Appeals has affirmed a man’s conviction for possession of marijuana and a handgun, among other things, after concluding the inventory search of his vehicle after a traffic stop was proper.
Attorney suspended for failure to disclose in bar exam application
An attorney who failed to disclose in his bar exam application complaints made against him has been suspended from the practice of law effective immediately, the Indiana Supreme Court announced Tuesday.
Indiana justices accept Kokomo lawyer’s resignation
| IL Staff
Indiana Supreme Court justices on Tuesday accepted a veteran Howard County lawyer’s resignation.
Lawyer conditionally reinstated years after taking bar funds
| IL Staff
The Indiana Supreme Court on Wednesday conditionally reinstated a former Marion County Bar Association treasurer who was suspended without automatic reinstatement six years ago after admitting to taking more than $9,100 from the organization.