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Southern Indiana judge orders New Albany to release public records

December 30, 2019 | Associated Press

A southern Indiana judge has ordered the city of New Albany to release public records sought by three residents who sued the city in a bid to force the records’ release. The judge’s Dec. 18 order states that the Ohio River city must provide public documents requested in August by the three Floyd County residents or be fined $50 per day if it doesn’t produce the records within 10 days.

Opinions Dec. 27, 2019

December 27, 2019

Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana

19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.

 

Indiana law schools buck first-year enrollment dip

December 27, 2019 | IL Staff

First-year enrollment in J.D. programs in Indiana law schools rose 3.2% in 2019 over 2018 while the overall J.D. enrollment across the U.S. slipped 0.27%, according data released by the American Bar Association.

Indiana woman gets 7 years for tampering with her son’s IV

December 27, 2019 | Associated Press

A northwestern Indiana woman has been sentenced to seven years in prison for injecting fecal matter into her teenage son’s IV line while he was hospitalized for leukemia.

AG opinion: Indiana gun rights restored after expungements

December 27, 2019 | Associated Press

Indiana residents who’ve had felony convictions expunged from their criminal records are eligible, in most circumstances, to again buy and obtain a license to carry guns, according to an opinion from the state attorney general’s office.

Civil forfeiture amendments don’t defeat prior forfeiture action, COA says

December 27, 2019 | Olivia Covington

Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.

COA: No Fourth Amendment violation in traffic stop search

December 27, 2019 | Olivia Covington

A man convicted on drug charges after an Evansville traffic stop has lost his appellate argument that evidence of the drugs was wrongly admitted because the evidence came from an unconstitutional search.

Man injured in fireworks blast loses appeal for worker’s comp benefits

December 27, 2019 | Dave Stafford

A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched.

Indiana proposes new sulfur dioxide limit for E. Chicago plant

December 27, 2019

Indiana regulators have set proposed new pollution limits for a steel plant in East Chicago that’s considered one of the region’s worst polluters.

Prosecutors: Deeply-in-debt Michael Avenatti sought payday

December 27, 2019 | Associated Press

Prosecutors say high-profile California attorney Michael Avenatti was over $15 million in debt when he tried to extort  up to $25 million from Nike, while Avenatti’s lawyers say the money he legally requested to conduct an internal probe of the sportswear giant was a bargain. Both sides made the assertions in court papers filed late Tuesday in advance of a Jan. 22 criminal trial in Manhattan.

To overcome travel ban, some Americans taking cases to court

December 27, 2019 | Associated Press

Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again.

Opinions Dec. 26, 2019

December 26, 2019

Indiana Court of Appeals
Joann G. Sartain, by and through her attorney-in-fact, Cindy Harding v. Trilogy Healthcare of Hamilton II, LLC d/b/a Prairie Lakes Health Campus
19A-PL-1567
Civil plenary. Dismisses Joann G. Sartain’s lawsuit, finding that because she explicitly stipulated to the dismissal of the suit in its entirety in Hamilton Superior Court, there is no final judgment, and that the Indiana Court of Appeals therefore lacks jurisdiction.

Despite conflicting statutes, COA affirms juvenile gun adjudication

December 26, 2019 | Dave Stafford

A juvenile dangerous possession of a firearm adjudication has been upheld by the Indiana Court of Appeals despite the finding that state statutes in play in his case are in conflict.

Reversal: Court wrongly denied evidence alleging guardianship mismanagement

December 26, 2019 | Dave Stafford

A Boone County trial court wrongly rejected a husband’s effort to show that the guardianship for his wife was being financially mismanaged and should be terminated, the Indiana Court of Appeals ruled Thursday, finding the judge overseeing the case failed to properly notify him of regular accountings.

Father who abandoned twins at age 5 loses appeal over college support

December 26, 2019 | Dave Stafford

A father who was found to have abandoned his twin sons when they were 5 years old after he divorced their mother was properly ordered to pay a share of his sons’ college expenses, the Indiana Court of Appeals ruled Thursday.

COA dismisses 4-year-old suit against nursing home

December 26, 2019 | Dave Stafford

A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.

Roberts will tap his inner umpire in impeachment trial

December 26, 2019 | Associated Press

America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes. His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial.

2 judges back on bench following fight-related suspensions

December 26, 2019 | Associated Press and IL Staff

Two southern Indiana judges are back on the bench after completing their suspensions for a downtown Indianapolis fight and double-shooting that followed a night of bar hopping. Clark Circuit Judge Brad Jacobs and Crawford Circuit Judge Sabrina Bell were reinstated to the bench Monday following 30-day suspensions that took effect Nov. 22.

Muncie mayor’s trial on federal charges delayed until May

December 26, 2019 | Associated Press

A central Indiana mayor’s federal trial on charges of accepting a bribe has been pushed back for several months. Defense attorneys for Muncie Mayor Dennis Tyler requested the delay on the trial that had been scheduled to start Jan. 21.

Judge allowing lawsuit over Lake Monroe logging to proceed

December 26, 2019 | Associated Press

A judge is allowing a lawsuit to proceed against a property owner over logging activity on his land along southern Indiana’s Lake Monroe. The ruling by a Monroe County judge rejects an effort by property owner Joe Huff to have a lawsuit filed against him by county officials dismissed.

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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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