Indiana man convicted in April slaying of barbershop owner
A man arrested last spring in Mississippi in the fatal shooting of a Fort Wayne barber has been convicted in that slaying.
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Impeachment inquiry focuses on 2 White House lawyers
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
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
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
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
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
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
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
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
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
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
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.
Mishawaka teen pleads guilty in pregnant schoolmate’s killing
A 17-year-old northern Indiana boy has pleaded guilty in the fatal stabbing of a schoolmate who was pregnant with his child.
Video shows Evansville officer fatally shoot man who had hammer
Video of an Evansville police officer fatally shooting a man holding a hammer appears to back an officer’s claim he believed the man reached for a gun, authorities said Wednesday.
Lawyers: Man accused in ex-lover’s killing not fit for trial
Attorneys for a Jeffersonville man accused of killing his ex-girlfriend and eating parts of her body are seeking psychiatric competency evaluations for their client, whose first murder trial ended in a mistrial.
Opinions Oct. 30, 2019
Indiana Court of Appeals
Kathy Salyer v. Washington Regular Baptist Church Cemetery, and Kristy Sams
19A-PL-243
Civil plenary. Affirms the Ripley Circuit Court’s order awarding Kathy Salyer an open gravesite at the Washington Regular Baptist Church Cemetery after the cemetery resold the gravesite she had purchased and another individual was buried there. Finds the trial court did not abuse its discretion in fashioning a remedy that required the cemetery to “correct” its mistake by giving Salyer an open, adjacent burial site free of charge. Judge James Kirsch dissents with separate opinion.
Justices recertify 29 senior judges for 2020
| IL Staff
The Indiana Supreme Court has re-certified dozens of judicial officers as senior judges for the upcoming year.
Digging up bones: Children’s Museum ‘trial’ features real-life rivalry
Renowned paleontologists O.C. Marsh and E.D. Cope were friends-turned-rivals during the 19th century Great Dinosaur Rush. But their scientific work is often eclipsed by their bitter feud, which will be on display during a mock trial event at the Indianapolis Children’s Museum on Saturday.
Woman loses sentence appeal in daughter’s neglect death
A Chesterfield mother who pleaded guilty to neglect of a dependent resulting in the death of her 23-month old daughter has lost an appeal of her 40-year sentence.
Reasonable suspicion of drug activity prompts reversal in suppression case
The Indiana Court of Appeals on Wednesday reversed suppression of drug evidence in a man’s parole violation case that was found during a search of a rented storage unit.