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Opinions June 28, 2018

The following Indiana Supreme Court opinions were posted after IL deadline on Wednesday.
State of Indiana v. John B. Larkin
46S04-1711-CR-701
Criminal. Reverses the LaPorte Circuit Court’s dismissal of John Larkin’s charge of voluntary manslaughter. Finds that an outright dismissal of Larkin’s charges is an extreme remedy and inappropriate to the case. Finds the trial court abused its discretion in not applying State v. Taylor, 49 N.E.3d 1019. Remands to the trial court to weigh each piece of evidence to determine whether it was tainted by the State’s misconduct. Orders that the trial court, at its discretion, to either hold a hearing for the State to rebut the presumption of prejudice for any tainted evidence, or proceed to trial to attempt to meet its burden through offers of proof outside the presence of the jury.

Indiana nominees Brady, Hanlon join others awaiting confirmation

After receiving approval Thursday from the U.S. Senate Committee on the Judiciary, the pair of nominees to Indiana’s two district courts are now advancing to the floor of Senate, but when they will be called for a confirmation vote is uncertain.

COA: No error in admitting cell phone records, testimony

A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.

COA: Lease damages not chargeable to tenant

A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.

Federal judge blocks latest Indiana abortion law

A federal judge on Thursday blocked an Indiana abortion law that was set to take effect July 1 that would have required the reporting of complications arising from abortions to the state.

Justices send Hamilton County utility rate case back to COA

The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.

Justices reinstate manslaughter charge in Larkin case

John Larkin, whose manslaughter charge in connection to the 2012 shooting death of his wife was dismissed, will once again face the trial court after Indiana Supreme Court justices found the dismissal to be “an extreme remedy” for police and prosecutorial misconduct and an abuse of the trial court’s discretion.

Justices discipline lawyer for practicing while suspended

A Marion County attorney who was accused of representing a client while he was suspended and misleading her regarding his ability to handle her son’s involuntary commitment case has been suspended from the practice of law for at least two years.

Opinions June 27, 2018

The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana
18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.

ACLU of Indiana calls for advocacy against travel ban

With the U.S. Supreme Court upholding President Donald Trump’s travel ban, the ACLU of Indiana said Wednesday the fight to overturn the executive order to prohibits certain immigrants from entering the United States must now move from the courtroom to the grassroots.

Justices vacate juvenile gun adjudication as double jeopardy

Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.

Decatur attorney accused of forging judge’s signature suspended

An attorney in northeastern Indiana has been suspended from the practice of law after she was criminally charged. The lawyer has been accused of signing a judge’s name to a phony order in a divorce case and sending emails to an expungement client’s widow posing as a deputy prosecutor.