Third woman charged in Indiana custody dispute slaying
A third woman has been charged with murder in the fatal shooting of a man near Portland, Indiana, that allegedly arose from a child custody dispute.
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2/28 – Constitutional Amendment: Making Breaking, and Changing Constitutions (Indianapolis)
Indiana International and Comparative Law Review Symposium Keynote Speaker: Richard Albert, William Stamps Farish Professor of Law, University of Texas at Austin School of Law Date: Friday, February 28, 2020 Time (local time): 8:30 am – 4:30 pm Credit hours: 6.25 CLE (pending) Cost: free (registration required) Click here to register. Location: IU McKinney School […]
2/27 – Increasing Technical Expertise in Patent Law (Indianapolis)
Center for Intellectual Property Law and Innovation Distinguished Lecture Series Speaker: Sapna Kumar, Law Foundation Professor of Law, Co-director, Institute for Intellectual Property & Information Law, University of Houston Law Center Date: Thursday, February 27, 2020 Time (local time): 5:00 pm (reception follows) Credit hours: 1.0 CLE (pending) Cost: free (registration required) Click here to […]
2/14 – Altered Inheritance: CRISPR and the Ethics of Human Genome Editing (Indianapolis)
Hall Center for Law and Health McDonald-Merrill-Ketcham Award Lecture Award Recipient & Speaker: Françoise Baylis, Professor, Dalhousie University Panelists: • Emily Munson, Indiana Disability Rights • Tyler Cho, Patent Attorney • Peter Schwartz, IU Center for Bioethics Date: Friday, February 14, 2020 Time (local time): Lecture: 12:00 – 1:00 pm Panel: 1:00 – 2:00 pm […]
2/13 – Faculty Book Talk: Ending Book Hunger: Access to Print Across Barriers of Class and Culture (Indianapolis)
Speaker: Lea Shaver, Professor of Law and Dean’s Fellow, IU McKinney School of Law Reception and book signing follows. Date: Thursday, February 13, 2020 Time (local time): 5:00 pm Credit hours: 1.0 CLE (pending) Cost: free (registration required) Click here to register. Location: IU McKinney School of Law Wynne Courtroom, 530 W New York St, […]
Opinions Jan. 23, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco
18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.
Bill to allow summonses, not arrests, for misdemeanors advances
A bill that proponents say would show legislative leadership in efforts to end jail overcrowding by issuing summonses to appear to misdemeanor defendants has advanced out of an Indiana House committee.
AG Hill publicly opposing Trump impeachment
Indiana Attorney General Curtis Hill is publicly renouncing the articles of impeachment brought against President Donald Trump, traveling to Washington, D.C., this week to join 20 other attorneys general in opposition to the impeachment proceedings.
COA reverses termination of mother’s parental rights
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
Juvenile molestation finding reversed over faulty rights waiver
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
7th Circuit remands one drug sentence enhancement, lets another stand
One of two men convicted as conspirators in an Indiana meth ring will be resentenced as a result of his appeal while the other man convicted in the scheme will serve his full 25-year sentence, the 7th Circuit Court of Appeals held Wednesday.
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Senate Democrats push end to jail for minor marijuana possession
No more jail time. That’s what some Indiana Senate Democrats repeatedly said Thursday as they advocated for legislation aimed at limiting the number of individuals arrested for possession of marijuana. The bills, however, may not get a hearing in the Indiana General Assembly this year.
Bill raising small claims filing limit to $8K advances to full House
Plaintiffs litigating on the small claims docket in any Indiana county could soon file claims for up to $8,000 if a bill that advanced out of a House committee Wednesday makes it to the governor’s desk. The bill also would expand the authority of magistrate judges.
Indiana lawmakers step back on ‘In God We Trust’ requirement
Indiana lawmakers have rolled back a proposal to require a poster with the national motto “In God We Trust” and the American and state flags be displayed in all public school classrooms.
House panel approves bill that would prohibit utilities from shutting down coal-fired plants
A bill that would prevent Indiana utilities from shutting down coal-fired power plants without state permission was approved by a House panel on Wednesday, despite widespread opposition from business, environmental, utility, ratepayer and social justice groups.
Opinions Jan. 22, 2020
Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
Democrat Weinzapfel leads AG campaign funding with $609K
Though Indiana Attorney General Curtis Hill is outpacing his Republican opponents in available money for the 2020 AG nomination race, a would-be Democratic challenger leads the pack with more than $600,000 on hand. Meanwhile, the incumbent AG has yet to secure a key supporter in his bid to become the Republican nominee.
IU McKinney welcomes first dean candidate
Milena Sterio, an associate dean at Cleveland State University Marshall College of Law and an expert in international law, is the first of the four candidates for the dean’s position at Indiana University Robert H. McKinney School of Law to visit the IUPUI campus and meet with faculty, students and alumni.
COA: Order committing juvenile to DOC until age 18 must be corrected
An order that a juvenile delinquent be committed to the Indiana Department of Corrections until his 18th birthday has been remanded for correction after the Indiana Court of Appeals concluded the trial court abused its discretion in ordering the determinate commitment.