Juvenile incarceration, crime falling nationwide
Advocates say alternatives to detention are benefiting kids, and Indiana is in line with statistics showing that across the country, youth incarceration and juvenile crime are declining.
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AG candidate calls for ‘principled, conservative’ leadership
John Westercamp, an attorney with Bose McKinney & Evans LLP, is the first announced candidate for next year’s Republican nomination to become the Indiana Attorney General as the political prospects for embattled AG Curtis Hill remain unclear.
Abortion procedure ban latest to be halted
In the same day a federal judge blocked an Indiana law that would have banned a second-trimester abortion procedure, a conservative United States Supreme Court justice agreed not to hear a similar case from another state.
Opinions Monday, July 8
Friday’s opinions
Indiana Court of Appeals
Yvonne Malukutila v. State of Indiana (mem. dec.)
18A-CR-2827
Criminal. Affirms Yvonne Malukutila’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated. Also affirms an enhancement for both counts based on her previous conviction of operating a vehicle while intoxicated. Finds Malukutila invited any error by stipulating to the facts in the enhancement phase of her trial without the intervention of a jury. However, remands to the trial court to vacate the conviction on Count II and have the written sentencing order reflect that Count II was merged with Count I and that Count II was vacated.
Billionaire financier Epstein due in court over sex charges
Wealthy financier and registered sex offender Jeffrey Epstein is due in court after his arrest in New York on new underage sex-trafficking charges involving allegations that date to the early 2000s, according to law enforcement officials.
AG Hill says extended stop arms are OK for school buses
Indiana’s attorney general says the state’s school districts are free to use extended stop arms to prevent other vehicles from passing school buses.
Man’s 17½-year sentence upheld for dealing meth
A sentence of 17½ years for a man convicted of dealing methamphetamine has been upheld, after the Indiana Court of Appeals found he was dealing in amounts “well above the statutory requirement.”
Bail increase for defendant not transported from jailed reversed
The Indiana Court of Appeals has determined a man is not at fault for failing to appear in court due to his incarceration for another crime. It also found the trial court abused its discretion by setting an additional bail for him without having been requested to do so.
Justices amend guidelines for nonlawyer assistants
Independent nonlawyer assistants will no longer be permitted to establish direct relationships with clients to provide legal services, the Indiana Supreme Court has ordered.
Supreme Court corrects Interim Commercial Court Rules
The Indiana Supreme Court has amended its recently adopted interim rules for Indiana Commercial Courts after finding a critical mistake resulting from a missing word.
New laws take aim at those who post ‘revenge porn’
Two new Indiana laws are taking aim at people who post intimate images from previous or current relationships online without consent. The laws separately provide criminal charges against those who post “revenge porn” and civil remedies for those victimized by it.
11 counties testing Indiana’s bail bond relief pilot program
Officials in Porter County and 10 other Indiana counties are testing a risk-assessment program to determine whether people who have been arrested should be required to post bail while awaiting trial. The pilot is expected to roll out statewide next year.
Woman faces DWI charge after wrong-way crash into ISP patrol car
A southern Indiana woman is facing a drunken driving charge after she allegedly drove the wrong way on a highway and crashed into a trooper's patrol car.
Opinions July 3, 2019
The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
Emmis Communications Corporation v. Illinois National Insurance Co
18-3392
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses and remands for further proceedings the Southern District Court’s award of summary judgment to Emmis Communication Corp. against Illinois National Insurance Co. Finds correct Illinois National’s proposed interpretation of “as reported” in its insurance policy with Emmis. Concludes summary judgment should have been entered in favor of Illinois National.
Retiring Judge Lawrence honored by Southern District Court
Federal and state judges, magistrate judges, former law clerks, court staff, Indiana Supreme Court justices, legal scholars and attorneys along with extended family crowded into the William E. Steckler Ceremonial Courtroom Tuesday afternoon to honor their friend and colleague, Senior Judge William Lawrence.
COA: Traffic stop resulting in arrest wasn’t unconstitutionally extended
Convictions have been upheld for a man who was driving while suspended after an appellate panel rejected his argument that evidence of his suspension was obtained during an unconstitutional extension of a traffic stop.
Lawsuit filed against unlicensed Porter County midwife
The state of Indiana is suing a Porter County midwife who says she is exempt from state licensing requirements to continue practicing midwifery. A judge, meanwhile, has ordered the midwife to stop delivering babies and attending to expectant mothers.
7th Circuit strips judgment for Emmis, rules for insurer
A federal appeals court reversed a breach-of-contract ruling for media company Emmis Communications Corp. arising from a shareholder dispute. The 7th Circuit Court of Appeals ruled the district court should have found in favor of Emmis’ insurer instead.
Man accused of murder, cannibalism won’t face death penalty
A southern Indiana man accused of killing his ex-girlfriend and eating parts of her body will not face the death penalty if convicted.
Real estate company sues law firm over HHGregg property deal gone awry
A Carmel-based real estate company has filed a lawsuit against Krieg DeVault, alleging the Indianapolis-based law firm’s failure to file a property deed in 2003 in a transaction involving defunct retailer HHGregg could now cost the real estate company millions of dollars.