COA remands to reconsider resentencing bid
The Indiana Court of Appeals found that prosecutorial consent was not required for an offender’s third sentence modification petition after an amended state statute removed that requirement in 2015.
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Supreme Court: E-filing now covers 90 percent of state
Electronic filing now covers 90 percent of Indiana trial courts and nearly 80 percent of the state’s caseload is now handled through the Odyssey case management system, the Indiana Supreme Court highlighted Monday with the release of its annual report. The annual report includes a broad statistical overview of the work of the court during the 2017-2018 fiscal year.
COA overturns injunction against Charlestown code enforcement scheme
A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.
Sheriff wants to use trailers to solve jail overcrowding
A central Indiana sheriff has a novel solution for jail overcrowding: lock inmates up in semi-trailers next to the jail in Greenfield.
Senate concludes Kavanaugh hearing; confirmation likely
After two marathon days questioning Supreme Court nominee Brett Kavanaugh, senators concluded his confirmation hearing Friday by listening to others talk about him — friends stressing his fairness and warmth but opponents warning he’d roll back abortion rights and shield President Donald Trump. Senators on the Judiciary Committee are likely to vote on Kavanaugh’s confirmation on Sept. 20 with a vote by the full Senate the following week.
US backtracks on Russian spy suspect offering sex for access
Federal prosecutors are backtracking on their allegation that a Russian woman accused of working as a secret agent offered to trade sex for access, according to a Justice Department court filing. Prosecutors had earlier accused Maria Butina of offering to exchange sex for a position with a special interest organization.
Proposal to decriminalize marijuana in Gary fails by 1 vote
A proposal to decriminalize marijuana in Gary fell one vote short of passage amid concerns that it would overstep Indiana law. Councilwoman Lavetta Sparks-Wade said she abstained from voting because the council’s attorney advised the council that it would circumvent state law.
Attorney: Settlement reached in Indiana van crash lawsuits
A settlement has been reached in lawsuits filed after a rollover crash on a southwestern Indiana freeway killed two Haitian immigrants and injured 20 others. The suits were filed after a van carrying Christela Georges, 60-year-old Gena Moise and other workers crashed in 2015 on Interstate 69 near Evansville.
Opinions Sept. 7, 2018
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of J.K., B.K., and I.R. (Minor Children) and L.R. (Mother) v. Indiana Department of Child Services
18A-JT-529
Juvenile termination. Reverses the Vanderburgh Superior Court’s termination of L.R.’s parental rights. Finds the trial court failed to afford L.R. due process rights under Indiana statute in several, separate instances. Remands for further proceedings.
Hill asks SCOTUS to reinstate death penalty for murderer Baer
Indiana Attorney General Curtis Hill is asking the nation’s highest court to reinstate the death penalty against a man convicted of killing a Madison County woman and her 4-year-old daughter, arguing the 7th Circuit Court of Appeals failed to properly defer to state court rulings when it overturned his death sentence earlier this year.
Lack of evidence fails man’s drug, credit time appeal
The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.
Appeals on Wheels: COA heads south to hear arguments
The Indiana Court of Appeals will travel south next week to hear oral arguments in two cases involving convictions following the seizure of drugs and guns.
COA slams courts, DCS for violating parents’ due process
The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.
FedEx drivers get tentative $13.3M ERISA settlement
A proposed workplace-benefits settlement of more than $13.3 million for Federal Express drivers who were wrongly classified as contractors rather than employees has been approved by an Indiana federal judge overseeing a nationwide docket of employment suits against the delivery service.
Federal court dismisses suit challenging Charter School Act
A First Amendment lawsuit alleging Indiana’s Charter School Acts violates certain religious protections will no longer proceed after a district court judge found the plaintiffs lacked standing to bring the Establishment Clause complaint.
Red Masses scheduled around the state
Catholic dioceses around Indiana are preparing to celebrate the traditional Red Mass in coming weeks. Special receptions will follow each service and feature keynote speakers discussing an array of topics of interest to the legal community.
Indiana to seek damages over standardized test issues
The Indiana Department of Education is planning to seek damages against a testing vendor for scoring issues and a delay in results for the state’s primary standardized test.
Giuliani: Trump won’t answer obstruction questions
President Donald Trump will not answer federal investigators’ questions, in writing or in person, about whether he tried to block the probe into Russian interference in the 2016 election, one of the president’s attorneys told The Associated Press.
Sessions: Trump administration efforts reducing violent crime
Speaking to a group of nearly 600 Hoosier law enforcement officers at the 2018 Indiana Law Enforcement Conference on Thursday, Attorney General Jeff Sessions touted Trump administration efforts that he said reduced violent crime in dozens of cities.
Preliminary bar passage rate slips again for July 2018 exam
The overall pass rate for the Indiana Bar Exam continued its decline, with the July results showing 62 percent of all the takers successfully completing the test. First-time takers in July 2018 passed at a rate of 72 percent, while only 32 percent of repeat takers passed this year.