Indiana school shooting might prompt juvenile law change
Indiana law might be changed so that children as young as 12 could face attempted murder charges in adult court in a move prompted by a suburban Indianapolis school shooting.
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Opinions Jan. 15, 2019
Indiana Court of Appeals
Randall Brown v. State of Indiana
18A-CR-1
Criminal. Affirms on interlocutory appeal the Brown Circuit Court’s denial of a motion to suppress evidence retrieved from a locked safe after defendant Randall Brown provided the combination to officers executing a search warrant. Finds officers’ failure to provide Brown a Pirtle warning before he provided the combination to a safe in his home is irrelevant. Remands for proceedings in Brown’s case, in which he is charged with Level 2 felony dealing in methamphetamine, Level 6 felony possession of methamphetamine and Level 6 felony maintaining a common nuisance.
Trump’s AG nominee Barr asserts his independence
President Donald Trump’s nominee for attorney general asserted independence from the White House on Tuesday, saying he believed that Russia had tried to interfere in the 2016 presidential election, that the special counsel investigation shadowing Trump is not a witch hunt and that his predecessor was right to recuse himself from the probe.
Double habitual offender enhancements upheld
A man with a long history as a traffic violator lost his appeal to dismiss his habitual offender charge after the Indiana Court of Appeals found that current statute gives courts explicit authorization to use the habitual offender enhancement.
Former Rep. Messer joins Faegre Baker Daniels
Former Indiana Congressman Luke Messer has joined Faegre Baker Daniels Consulting as a principal in Washington, D.C., where he will advise businesses and other entities across the nation on federal regulatory and policy developments.
Justices agree to again hear long-running IBM dispute
A years-long legal battle between the state of Indiana and IBM Corporation over a failed welfare benefits processing upgrade will continue now that the Indiana Supreme Court has again granted transfer to the long-running dispute.
COA affirms search of locked home safe in meth case
A man who came home as police were executing a search warrant lost his bid to suppress evidence of meth dealing that came from a safe in his Brown County house after he provided officers the combination.
Justices hear murder, jurisdiction arguments
Indiana Supreme Court Justices heard oral argument in two cases Thursday, beginning with a man who argued there was insufficient evidence to sustain his triple-murder conviction and that certain evidence was improperly admitted.
State, community group urge SCOTUS to reject Lake Michigan access case
The state of Indiana and a community group favoring public access to the shore of Lake Michigan have filed briefs urging the Supreme Court of the United States to reject an appeal that could partly privatize the state’s 45 miles of Great Lakes beaches. Briefs filed Friday urge the high court to affirm the Indiana Supreme Court ruling that found the public has a right to walk along the shore of Lake Michigan from the water’s edge to the ordinary high water mark.
Woman settles lawsuit over jailing due to mistaken identity
A northwest Indiana woman who alleged she was wrongfully held in the Valparaiso jail for nearly two months in a case of mistaken identity has reached a $6,000 settlement in the case.
Coroner: Toxicology needed for 2 dead at Lafayette jail
A coroner says toxicology reports are needed on two inmates who died after falling ill in their cells at the Tippecanoe County Jail in Lafayette.
Indianapolis man gets 110 years in 2017 double-slaying
An Indianapolis man who was arrested in Texas after fleeing charges in a double-killing has been sentenced to 110 years in prison.
Opinions Jan. 14, 2019
Indiana Court of Appeals
In the Matter of the Commitment of C.N.; C.N. v. Eskenazi Health/Midtown CMHC
18A-MH-641
Mental health. Reverses the order for C.N.’s involuntary regular civil commitment. Finds there was insufficient evidence to prove C.N. was “gravely disabled.” Remands for the Marion Superior Court to vacate the order of regular commitment.
Tax Court : Assessor’s petition not untimely, non-compliant
The Indiana Tax Court has denied an Indianapolis business and arts center’s motion to dismiss an assessor’s appeal, finding the assessor’s summons was not untimely or non-compliant.
Majority justices remand drug sentence to determine treatment eligibility
A woman who has yet to receive court-ordered substance abuse treatment may soon receive it after the Indiana Supreme Court granted transfer to her case.
Indy attorney who told court ‘someone is going to die’ suspended
An Indianapolis attorney charged with intimidation against a Marion County court and other offenses has been suspended from the practice of law after the Indiana Supreme Court granted a petition for his emergency suspension.
COA reverses commitment order, doesn’t address judge’s missing signature
An Indiana appellate panel has reversed a man’s involuntary civil commitment on the grounds of insufficient evidence, though the judges sidestepped the issue of whether the commitment order was valid considering it was signed by a commissioner, not a judge.
Magistrate Judge Cherry retires with legacy of being ‘consummate professional’
Northern Indiana District Court Magistrate Judge Paul Cherry has retired, ending a career that included six years as DeKalb County prosecutor and 15-plus years on the federal bench. Cherry, who began his tenure as magistrate judge on Oct. 1, 2003, retired Dec. 31, 2018.
Decatur lawyer sentenced to jail for forgery, counterfeiting
A suspended northern Indiana lawyer was sentenced Friday to nearly nine months in jail for forging a judge’s signature on a phony divorce order and sending a client a bogus email that she represented as coming from a deputy prosecutor. Jill Holtzclaw of Decatur was sentenced to serve 270 days behind bars followed by a year of probation for her convictions of Level 6 felony counts of forgery and counterfeiting.
Ex-nursing home CEO wants convictions tossed because of Barnes’ ‘profound conflict of interest’
The ringleader in one of the largest corporate-fraud cases in Indiana in recent years is asking a judge to throw out his felony convictions on the grounds that his legal team at the Indianapolis law firm Barnes & Thornburg failed to disclose a “profound conflict of interest.”