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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.

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.

Congress to face same question: When will shutdown end?

Congress returns to Washington for its first full week of legislative business since control of the House reverted to Democrats, but lawmakers will be confronted with the same lingering question: When will the partial government shutdown end?