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Opinions Jan. 6, 2020

Indiana Court of Appeals
Marcus Lee McCain v. State of Indiana
19A-CR-1113
Criminal. Affirms and reverses in part Marcus McCain’s enhanced 45-year sentence for his conviction of voluntary manslaughter. Finds the Lake Superior Court did not err in imposing a firearm enhancement. Also finds the trial court’s description of the killing of Marcel Harris was directly at odds with the jury’s finding of sudden heat and therefore was an improper aggravator as a matter of law. Remands with instructions for the trial court to sentence McCain to 35 years – 25 years for voluntary manslaughter enhanced by 10 years for using a firearm. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.

Appeals court weighs Mueller grand jury access for Congress

| Associated Press

Democrats in Congress are seeking access to secret grand jury testimony from special counsel Robert Mueller’s Russia investigation, arguing in court Friday that it is relevant to President Donald Trump’s impeachment and could even be a basis for additional accusations against him.

Indiana GOP holding off teacher pay action in 2020 session

| Associated Press and IL Staff

Members of the Republican-dominated General Assembly return Monday to the Statehouse in Indianapolis for their 2020 session, during which they will face continued calls from teacher unions and Democrats for better teacher pay and less reliance on standardized student test scores for evaluation of schools and educators.

New pretrial release rule adds risk assessments for booked inmates

| Associated Press and IL Staff

A new Indiana rule requiring that booked inmates be assessed to determine risks or benefits of releasing them before trial is expected to eventually reduce overcrowding at the state’s county jails, criminal justice officials say. Criminal Rule 26, which set Indiana’s new pretrial release protocols, was adopted by the Indiana Supreme Court in 2017, but it didn’t take effect statewide until Jan. 1.

Report blames 65 Indiana child deaths on abuse or neglect

| Associated Press

A new report shows that 65 Indiana children died from abuse or neglect during 2018, the same number as its last year-long review. The Indiana Department of Child Services said it investigated 242 child fatalities that happened in 2018, determining 26% of those deaths were from abuse or neglect.

Judge: Muncie man charged in 2018 murders to act as own attorney

| Associated Press

An Indiana man charged in the 2018 slayings of two people found in a nature preserve and an abandoned farmhouse will act as his own attorney, a judge has ruled. Madison Circuit Court 6 Judge Mark Dudley granted Daniel Lee Jones’ request to act as his own lawyer, but his public defender will serve as stand-by counsel during the trial.

Opinions Jan. 3, 2020

Indiana Court of Appeals
K.H. v. Ki. H. by Child’s Next Friend N.D. (mem. dec.)
19A-PO-1558
Protective order. Reverses the Monroe Circuit Court’s grant of a protective order requested for child Ki.H. by next friend and mother N.D. against father K.H. Finds the trial court did not make findings to support its conclusion that a protective order should be issued.

Bradford elected COA chief judge, succeeding Vaidik

| Katie Stancombe

The judges of the Indiana Court of Appeals have elected Judge Cale Bradford to serve for the next three years as the lower appellate court’s chief judge. He succeeds Judge Nancy Vaidik, whose term as chief expired last month. Bradford, whose term began  Jan. 1., has served on the Court of Appeals for nearly 13 years.

2020 ICLEO applications available

| IL Staff

Applications are now available for the 2020 Indiana Conference for Legal Education Opportunity program may now do so, the Indiana Supreme Court announced Friday.

Former DCS worker seeking dismissal of criminal case

| Marilyn Odendahl

The former DCS worker facing criminal charges is scheduled to be in Madison Circuit Court Friday, arguing the indictment against him should be dismissed because not only are the allegations too vague to comply with state law and constitutional guarantees, but also because he is protected by immunity.

Indiana man faces trial in 1994 Wisconsin murder case

| Associated Press

A judge ordered an Indiana man to stand trial for the 1994 death of a woman who was strangled and run over with a car in Madison, Wisconsin. Dane County Circuit Judge Valerie Bailey-Rihn said during a hearing Thursday that there’s enough evidence for 52-year-old Willie L. Coleman to be tried for first-degree reckless homicide in the Nov. 4, 1994, death Lula Cunnigan.