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Resisting conviction affirmed for man who refused to show his hands

January 30, 2020 | Katie Stancombe

A man convicted of resisting law enforcement after refusing to remove his hands from his pockets did not persuade the Indiana Court of Appeals that there was insufficient evidence to support his conviction.

Prosecutor in Vincennes fighting discipline over role in police sex investigation

January 30, 2020 | Dave Stafford

The elected prosecutor of Knox County in southwestern Indiana faces an attorney discipline case related to his conduct stemming from a local police investigation into his former deputy prosecutor’s relationship with a woman who was serving time on drug charges. An attorney for the prosecutor, however, is contesting the discipline case and says the prosecutor is the victim of a vendetta born of the small-town rumor mill.

Opinions Jan. 30, 2020

January 30, 2020

Indiana Court of Appeals
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation
19A-PL-00457
Civil plenary. Majority affirms the Monroe Circuit Court’s grant of UJ-Eighty Corp.’s petition seeking judicial review of the Bloomington Board of Zoning Appeals’ decision that affirmed the issuance of two notices of violation against UJ-Eighty. Finds the City of Bloomington improperly delegated authority to Indiana University in violation of the Due Process Clause of the Fourteenth Amendment. Affirms that the ordinance unconstitutionally violates due process. Judge L. Mark Bailey dissents with opinion.

Misdemeanor summonses, small claims filing limit bills pass House

January 30, 2020 | Olivia Covington

Bills that would allow for summonses to appear instead of arrests in misdemeanor cases and that would raise the small claims filing limit statewide have passed the Indiana House of Representatives.

Indiana Justices hear arguments in Right to Farm dispute

January 30, 2020 | Marilyn Odendahl

A Hendricks County battle over whether a hog farming operation is protected by Indiana’s Right to Farm Act arrived at the Indiana Supreme Court on Thursday with opposing counsel arguing the limits and the intent of the statute.

Rapist loses appeal of assault convictions against ex

January 30, 2020 | Olivia Covington

A convicted rapist has failed to overturn his convictions of sexual assault against his ex-girlfriend, with the Indiana Court of Appeals rejecting his challenges to the trial court’s evidentiary and procedural rulings.

Teen who planned school shooting rightly deemed delinquent, COA rules

January 30, 2020 | Katie Stancombe

A homeschooled teen who threatened to shoot students at northern Indiana high school did not convince an Indiana Court of Appeals panel that there wasn’t enough evidence to support his delinquency adjudication.

UNLV administrator candidate for IU McKinney dean

January 30, 2020 | Marilyn Odendahl

An expert in property law and former university vice provost at the University of Nevada, Las Vegas, is the third finalist for the dean’s position at Indiana University Robert H. McKinney.

Split COA rules for barred IU frat house owner in dispute with city

January 30, 2020 | Katie Stancombe

A split appellate court has affirmed for a southern Indiana property owner in a dispute over a former Indiana University fraternity house after the university decided to no longer recognize the fraternity. In doing so, the panel struck down a local Bloomington ordinance that deferred to IU in regulating fraternities and sororities.

Asked and answered? Senators have their say in Trump trial

January 30, 2020 | Associated Press

At last during the impeachment trial, they got to do what comes naturally in their native habitat: speak on the Senate floor. But when senators engaged in a bit of their beloved talk, the result was something between a political debate and a low-budget reality show.

Supreme Court declines case of 100-year molestation sentence

January 30, 2020 | Associated Press

The Indiana Supreme Court has declined to take up the case of a man sentenced to 100 years in prison for molesting 20 children while working at a YMCA and at an elementary school.

Ban on drivers using handheld phones clears Indiana House

January 30, 2020 | Associated Press

The Indiana House endorsed a proposal Wednesday that would ban motorists from using handheld cellphones, a step supporters say is aimed at combating distracted driving.

Opinions Jan. 29, 2020

January 29, 2020

Indiana Court of Appeals
Raymond E. Cook, III v. State of Indiana (mem. dec.)
19A-CR-1594
Criminal. Affirms Raymond Cook III’s aggregate seven-year sentence for conviction in Ripley Circuit Court of Level 5 felony dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.

Putnamville inmate wins order for soy-, egg-free diet

January 29, 2020 | Dave Stafford

A federal court has ordered an Indiana prison’s food service company to comply with an inmate’s medical orders that he receive meals that are free of soy and egg ingredients due to claimed food allergies.

US Supreme Court upholds Oklahoma man’s death sentence

January 29, 2020 | Associated Press

The U.S. Supreme Court has upheld the death sentence of an Oklahoma man convicted in the fatal shooting of his lover’s estranged husband.

Ex-deputy prosecutor who retaliated against detective suspended

January 29, 2020 | Katie Stancombe

A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.

Access to justice, voting rights, bail reform on ABA midyear meeting agenda

January 29, 2020 | IL Staff

Rural communities’ access to justice, bail reform and ensuring voting rights for individuals with criminal convictions will be chief among several criminal justice topics set for discussion during next month’s 2020 American Bar Association Midyear Meeting.

Bill mandating harsher penalties for juveniles passes Senate committee

January 29, 2020 | Marilyn Odendahl

A bill increasing the penalties for juvenile offenders passed a Senate committee Tuesday night despite more than an hour of testimony from judges, attorneys, social workers, pastors and former inmates who all voiced strong and sometimes emotional opposition.

Senate passes bill restricting depositions of child sex crime victims

January 29, 2020 | Dave Stafford

Alleged child sex crime victims would be subjected to discovery depositions only in rare circumstances under a bill that passed the Indiana Senate on a nearly unanimous vote. Adoption of the legislation would remove Indiana from the handful of states that do not shield child sex crimes victims from pretrial depositions.

Indiana woman appealing conviction in fatal school bus crash

January 29, 2020 | Associated Press

An Indiana woman convicted in a crash near Rochester that killed three children who were crossing a highway to board a school bus is appealing her conviction, contending that the tragedy was “just an accident and not a crime,” her attorney said Tuesday.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

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