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Murder, insanity appeal focuses on police interrogation, Miranda

November 1, 2019 | Katie Stancombe

“I’m done talking,” Bargersville criminal defense attorney Stacy Uliana repeated before a panel of appellate judges on behalf of her client, Joshua Risinger. Those statements Risinger made to police interrogators who continued to question him form the basis of his appeal.

Opinions Nov. 1, 2019

November 1, 2019

Indiana Court of Appeals
In the Matter of the Guardianship of: Irma Elisabeth Avila Luis, Ramiro Velasquez Avila
19A-GU-1276
Guardianship. Reverses a Jackson Circuit Court’s order which failed to make findings as to whether reunification between Irma Elisabeth Avila Luis and her parents is viable and refused to make findings regarding whether it is in Luis’ best interests to remain in the United States. Finds it is not in the best interest for Luis to return to Guatemala. Orders the trial court to include the Indiana Court of Appeals’ findings, verbatim, and to enter the order within one business day of the certification of the appeal.

 

Muncie woman gets 6 years for dousing guest with hot grease

November 1, 2019 | Associated Press

A Muncie woman who pleaded guilty to dousing a house guest with a pan of hot grease has been sentenced to six years in prison. She told police she scalded her guest after accusing her of stealing deodorant.

National, Indiana bankruptcy filings tick up, reversing trend

November 1, 2019 | IL Staff

Reversing a years-long trend of declining bankruptcy filings, new cases inched upward in the year ending Sept. 30, 2019, the federal judiciary reported. The rise in bankruptcy filings in Indiana outpaced the national increase, the report shows.

‘Irritated’ judge again ordered to make immigration findings for teen girl

November 1, 2019 | Katie Stancombe

The Indiana Court of Appeals has ordered a southern Indiana judge for the second time to make required findings regarding the immigration status of a teen girl originally from Guatemala, this time spelling out those findings for the jurist who refused to do so.

Suspect in judges’ shooting pleads guilty to battery

November 1, 2019 | Olivia Covington

One of the two men charged in a violent altercation with two southern Indiana judges has pleaded guilty to misdemeanor battery. The nephew of the alleged gunman in the May 1 shooting was sentenced to six months of community corrections followed by a year of probation.

Prosecutors added to Supreme Court’s justice reform initiative

November 1, 2019 | IL Staff

The Indiana Supreme Court has added three prosecutors to its newly established Indiana Innovation Initiative and respective working groups aimed at making Indiana’s justice system more efficient.

Cameras to capture November National Adoption Day proceedings

November 1, 2019 | IL Staff

Hoosier families celebrating National Adoption Day will have the opportunity to capture special moments through the lens of a camera. The Indiana Supreme Court announced its authorization of cameras in court for uncontested adoptions during the month of November, allowing photography and video of the adoption proceedings.

Indiana man convicted in April slaying of barbershop owner

November 1, 2019 | Associated Press

A man arrested last spring in Mississippi in the fatal shooting of a Fort Wayne barber has been convicted in that slaying.

Impeachment inquiry focuses on 2 White House lawyers

November 1, 2019 | Associated Press

The House impeachment inquiry is zeroing in on two White House lawyers privy to a discussion about moving a memo recounting President Donald Trump’s phone call with the leader of Ukraine into a highly restricted computer system normally reserved for documents about covert action.

 

Indiana backs off Medicaid work requirement in face of federal lawsuit

October 31, 2019 | Marilyn Odendahl

The Indiana Family and Social Services Administration is temporarily suspending its requirement that certain Medicaid recipients work to receive their health care benefits pending the outcome of a federal lawsuit challenging the program.

Opinions Oct. 31, 2019

October 31, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Planned Parenthood of Indiana and Kentucky, Inc. v. Kristina Box, et al.
17-2428
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Denies the defendants-appellants’ petition for rehearing and rehearing en banc. Judges Joel Flaum, Michael Kanne, Amy Coney Barrett, Michael Brennan and Michael Scudder vote to grant the petition for rehearing en banc. Judges Ilana Rovner and David Hamilton vote to deny panel rehearing, while Judge Kanne voted to grant panel rehearing. Judge Frank Easterbrook concurs with separate opinion, joined by Judge Diane Sykes. Judge Kanne dissents with separate opinion, joined by judges Flaum, Barrett, Brennan and Scudder.

Justices reject Fifth Amendment appeal of sex offender treatment

October 31, 2019 | Katie Stancombe

The Indiana Supreme Court has found no constitutional violation against a father who refused to participate in a sex offender treatment program that he argued would violate his Fifth Amendment right against self-incrimination.

 

Bittersweet day as Leverenz leaves ILAS after more than 60 years

October 31, 2019 | Marilyn Odendahl

As she has for the past 61 years, Jackie Leverenz arrived Thursday at Indianapolis Legal Aid Society to tackle the big jobs and dispense with the simple tasks that keep the nonprofit running. But at the end of this workday, she will also be saying good-bye.

Divided appeals court reverses habitual offender adjudication

October 31, 2019 | Katie Stancombe

A split Indiana Court of Appeals has reversed a man’s habitual offender adjudication after finding the state failed to bring him to trial within Indiana Criminal Rule 4(C)’s one-year statutory deadline.

Reversal: Father’s due process rights violated in TPR case

October 31, 2019 | Katie Stancombe

The Indiana Court of Appeals on Thursday reversed the termination of a father’s parent-child relationship after concluding his due process rights had been violated. The Department of Child Services, the appellate court found, did not make reasonable efforts to reunify the father and child.

COA orders new criminal recklessness trial after jury instruction error

October 31, 2019 | Olivia Covington

A mother who backed over her aunt with a vehicle before fleeing the scene with her child in the car has won a new trial on a criminal recklessness conviction, though the Indiana Court of Appeals declined to overturn her related conviction of resisting law enforcement.

Former bar exam leader offers tips as Indiana considers changes

October 31, 2019 | Marilyn Odendahl

As the Indiana legal profession re-evaluates its bar exam in light of slumping pass rates, a leader in bar examinations and bar admissions offered some insight into testing and provided some advice, as well as some warnings, about making changes.

Divided COA tosses suit against lawyers over tax sale proceeds as untimely

October 31, 2019 | Dave Stafford

A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.

Abortion parental notification law possibly headed for SCOTUS after 7th Circuit denial

October 31, 2019 | Olivia Covington

The 7th Circuit Court of Appeals will not revisit a prior ruling that upheld an injunction on an Indiana law requiring “mature minors” to notify their parents before they have an abortion, setting the case up for a possible trip to the United States Supreme Court.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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