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COA tosses jury verdict in Kokomo land-taking case, slashes damages

December 18, 2019 | Dave Stafford

A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.

Trial court ruling against city to enforce mediation deal reversed

December 18, 2019 | Dave Stafford

A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.

COA affirms addition of farmland contractual interests in marital estate

December 18, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the dissolution of a man’s marriage, finding the inclusion of his contractual interests in purchased farmland in the martial estate was not an abuse of discretion.

Americans steadfastly divided over impeachment as vote nears

December 18, 2019 | Associated Press

As the US House of Representatives prepares to take a historic vote on the impeachment of President Donald Trump, the American public is following along, steadfast in its views.

Faegre announces 2020 combination with Drinker Biddle & Reath

December 17, 2019 | Katie Stancombe

Faegre Baker Daniels and Philadelphia-based Drinker Biddle & Reath have officially announced the combination of their law firms following an affirmative vote by the partnerships of both organizations. The announcement comes about a month after murmurs began that such a move was underway.

Disciplinary commission urges 2-year suspension for AG Hill

December 17, 2019 | Olivia Covington

Competing filings in the disciplinary case against Indiana Attorney General Curtis Hill call for the Republican AG to face a sanction as severe as a two-year suspension or as little as nothing at all.

Opinions Dec. 17, 2019

December 17, 2019

Indiana Court of Appeals
Tyler Miller v. State of Indiana
19A-CR-768
Criminal. Affirms Tyler Miller’s aggregate 72-year sentence for his convictions of murder, Level 5 felony attempted robbery and Level 3 felony robbery. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Also finds Indiana Code § 35-50-1-2(c) and (d) do not prohibit the Marion Superior Court’s sentence under Count III, attempted robbery. Remands with instructions to enter an amended sentencing order and abstract of judgment which reflect Miller’s conviction for Level 5 felony attempted robbery under Count III.

Former IPAC leader Powell honored with award in his name

December 17, 2019 | IL Staff

Longtime head of the Indiana Prosecuting Attorneys Council Dave Powell has been honored by the association he used to lead, receiving one award at the annual winter conference and having a second award renamed in his honor.

McConnell rejects Dem push on impeachment trial witnesses

December 17, 2019 | Associated Press

Senate Majority Leader Mitch McConnell is rejecting the Democrats’ push for fresh impeachment testimony against President Donald Trump and making a last-ditch plea for them to “turn back from the cliff” of Wednesday’s expected vote to send the case to the Senate for trial.

Landscaper’s home fraud conviction vacated

December 17, 2019 | Katie Stancombe

A man convicted of home-improvement fraud after being hired to landscape a yard had his conviction vacated Tuesday, when the Indiana Court of Appeals found his conduct did not fall under the home improvement fraud statute.

72-year sentence upheld for teen convicted in convenience store murder

December 17, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the decades-long sentence against a then-teenager who killed a convenience store clerk during an attempted robbery.

Westercamp releases growing list of GOP AG endorsements

December 17, 2019 | Olivia Covington

With the 2020 party conventions less than a year away, Indiana Attorney General Curtis Hill’s challenger to become the Republican AG candidate says he has a growing list of supporters within the Indiana GOP.

Vaping crisis could be impetus for Legislature to raise smoking age to 21

December 17, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

Time and again, legislation in Indiana to raise the age to possess or purchase tobacco to 21 has failed. But that could be about to change.

Indiana State Police sued over fatal roadside shooting by trooper

December 17, 2019 | Associated Press

The widow of an Indiana man who was fatally shot by a state trooper while working on his daughter’s car filed a lawsuit Monday, alleging unjustified deadly force.

Report: 5th straight year with under 30 executions in US

December 17, 2019 | Associated Press

Fewer than 30 people were executed in the United States and under 50 new death sentences were imposed for the fifth straight year, part of a continuing decline in capital punishment that saw only a few states carry out executions, a new report issued Tuesday said.

Study commission advises Indiana adopt Uniform Bar Exam

December 16, 2019 | Marilyn Odendahl

Finding the Indiana Bar Exam places a “cognitive overload” on examinees, the special commission convened a year ago to study and recommend changes to the test is suggesting the Indiana Supreme Court reduce the number of subjects tested either by cutting the topics on the Indiana Essay Examination or by switching to the Uniform Bar Examination.

Opinions Dec. 16, 2019

December 16, 2019

Indiana Court of Appeals
James Ketchum v. State of Indiana

19A-CR-1341
Criminal. Affirms the denial of James Ketchum’s motion to modify his 12-year sentence, with six years suspended, for conviction of Level 3 felony aggravated battery, to be served consecutively to his two-year sentence for Level 6 felony intimidation in a separate cause. Finds the Rush Circuit Court did not err in denying Ketchum’s motion to modify his sentence because he did not have consent from the prosecuting attorney to file it.

Excise police catch South Bend retailer selling fake vaping products

December 16, 2019 | IL Staff

A South Bend retailer was forced to surrender several boxes of fruit-flavored vaping products following the execution of a search warrant Thursday that revealed the products to be counterfeit.

Southern District gets more than $2 million in DOJ funds to fight opioid crisis

December 16, 2019 | IL Staff

Funding amounting to more than $2.4 million has been granted to agencies in the Southern District of Indiana to help combat drug and crime concerns stemming from the opioid crisis, US Attorney Josh J. Minkler announced Friday. 

Former prosecutor Curry honored by IPAC

December 16, 2019 | IL Staff

Former Marion County Prosecutor Terry Curry was honored with the Indiana Prosecuting Attorneys Council’s highest award last week during the organization’s annual Winter Conference, recognizing his contributions in the realm of criminal justice.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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