Justices consider taking case involving death of baby
The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.
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Munster man pleads guilty to post office pipe bomb
A man charged in a pipe bomb explosion at a northwestern Indiana post office says he was targeting an attorney who had filed a lawsuit against him. Eric Krieg of Munster pleaded guilty Tuesday to making an unregistered destructive device and other charges.
Judge denies new trial in off-duty officer’s 1980 death
A judge has denied a request for a new trial for an alleged getaway driver convicted in the 1980 shooting death of an off-duty northwestern Indiana police officer. James Hill was sentenced to 47 years in prison in October after a jury earlier convicted him of murder in perpetuation of robbery and attempted robbery, and Judge Salvador Vasquez determined there was no need for a new trial.
Indiana midterm election turnout hit 51 percent
Voter participation in Indiana’s fall election was 51 percent, the first time since 1994 that the state topped 50 percent in a midterm election. Henry County had the highest turnout in Indiana with 64 percent of registered voters casting a ballot, while Vigo and Madison counties had the lowest turnout at 44 percent of registered voters.
Prosecutors recommend no jail time for cooperative Flynn
President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing that describes Michael Flynn’s cooperation as “substantial.”
Indiana Lawyer’s Leadership in Law 2019 nominations open
Nominations for Indiana Lawyer’s Leadership in Law Awards open today. Entries for the 2019 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until Jan. 25, 2019.
USA Gymnastics bankruptcy might leave sex-abuse victims unpaid
Indianapolis-based USA Gymnastics, under threat of being decertified by the U.S. Olympic Committee, filed for bankruptcy after running short of funds to pay victims of Larry Nassar’s sexual abuse.
Chatham Arch residential project set to move forward after legal battle
A legal challenge to a proposed mixed-use development in downtown Indianapolis’ Chatham Arch neighborhood will not be heard by the state’s highest court, paving the way for project to finally get under way after two years of delays.
Opinions Dec. 5, 2018
Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana
31S00-1703-LW-134
Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.
Majority justices: RV dealer must pay taxes in ‘sham’ transactions
A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.
Justices answer venue question in lifetime license forfeiture relief case
Indiana Supreme Court justices on Wednesday ruled that trial courts have jurisdiction to grant specialized driving privileges as relief from driver’s license suspensions imposed in other counties.
COA denies sentence modification to parolee
A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.
Murder convictions affirmed, remanded for sentencing statement
Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.
COA: Lake County court overstepped in awarding fees in Illinois case
A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.
Murder conviction after drug deal gone wrong stands
The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.
Appeals court remands Hamilton Southeastern rate case to IURC
A Hamilton County sewer utility rate increase case that went all the way to the Indiana Supreme Court is going back to the state agency where it originated after an Indiana Court of Appeals ruling Wednesday.
Appellate courts seek extra $1M for legal aid, technology
Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.
Indiana ACLU sues East Allen Schools over LGBTQ club
The American Civil Liberties Union of Indiana last week aided a group of more than 30 East Allen County high school students when it filed a lawsuit against the school corporation, claiming it had imposed “undue, unequal burdens” an LGBTQ+ organization.
Lake County judge appointed; finalists named for second vacancy
Indiana Gov. Eric Holcomb has appointed a magistrate judge as the newest judge of the Lake Superior Court and will soon begin the process of filling another Lake County court vacancy.
Opinions Dec. 4, 2018
Indiana Supreme Court
Lori Barcroft v. State of Indiana
18S-CR-135
Criminal. Affirms Lori Barcroft’s conviction of guilty but mentally ill in the murder of Jaman Iseminger. Finds that evidence of Barcroft’s demeanor, taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness, was sufficient to support an inference of sanity. Also finds that a factfinder may discredit expert testimony and rely instead on other probative evidence from which to infer a defendant’s sanity. Justice Christopher Goff dissents with separate opinion, which Justice Geoffrey Slaughter joins.