COA: Syringe offense not subject to felony enhancement
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
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CHINS adjudication reversed; children not seriously endangered
The Indiana Court of Appeals reversed a trial court’s adjudication of children in need of services, finding the mother’s struggle for stable housing and her positive drug tests did not meet the Indiana Supreme Court’s standard that the children were seriously endangered. The mother told case workers she was an attorney.
Amended rules unveiled for Marion County Small Claims
The proposed amended rules for the Marion County Small Claims Courts have been publicly posted as part of the transition to becoming courts of record beginning July 1. Comments on the proposed rules will be accepted until June 29.
Justices weigh waiver of juvenile right to attend delinquency hearings
Juveniles involved in delinquency proceedings have a constitutional right to be present at the fact-finding hearings against them. But can that right be waived? And if so, how? The Indiana Supreme Court wrestled with those questions in a case argued Thursday.
Court reverses NIPSCO industrial user rate increase
The Indiana Utility Regulatory Commission relied on the wrong metrics to calculate a rate increase passed on to large industrial users, the Indiana Court of Appeals ruled Thursday, reversing the rate hike.
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Word ‘upon’ leads COA to toss obstructed-windshield conviction
A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.
7th Circuit refuses to dismiss congressman’s corruption charges
The 7th Circuit Court of Appeals in Chicago refused to dismiss corruption charges against former U.S. Rep. Aaron Schock, saying Wednesday that it can’t legally assess whether his prosecution violated constitutional separation-of-powers clauses until after his trial.
Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.
Opinions May 30, 2018
7th Circuit Court of Appeals
Bobbi Kilburn-Winnie and Michelle Allen-Gregory v. Town of Fortville, et al.
17-2498
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the grant of summary judgment in favor for the Town of Fortville, Fortville Waterworks and Fortville Utilities on Bobbi Kilburn-Winnie and Michelle Allen Gregory’s 14th Amendment complaint. Finds res judicata bars Kilburn-Winnie and Allen-Gregory’s claim.
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
COA reopens estate after improper probate closing
The St. Joseph Probate Court must reopen an estate that led to years-long litigation between two siblings after the court failed to follow proper statutory procedure when closing the estate, the Indiana Court of Appeals ruled Wednesday.
7th Circuit agrees Fortville water suit should be barred
A 14th Amendment complaint challenging the procedure Fortville follows when disconnecting a resident’s water service will not proceed after the 7th Circuit Court of Appeals ruled that the issue raised in the complaint has already been resolved through previous litigation.
Associate dean Cleveland named interim dean of Valpo Law School
Valparaiso Law School has tapped associate dean for academic affairs David Cleveland to serve as interim dean after the current dean, Andrea Lyon, steps down Friday from leading the struggling law school.
Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Justices won’t hear Johnson County public defender suit
The Indiana Supreme Court has denied transfer to a case challenging the constitutionality of Johnson County’s contract-based public defender system, a decision one of the attorneys representing county defendants said was disappointing and cowardly.
Justices to decide if school disciplinary investigation implicated Miranda rights
A case that the Indiana Court of Appeals used to explore how the presence of school resource officers changes the nature of in-school discipline will soon come before the Indiana Supreme Court, which will decide if a 17-year-old should have been read his Miranda rights while being questioned in a school disciplinary action.
Mooresville man convicted of neglect, conspiracy in 5-year-old boy’s death
A Mooresville man has been convicted of neglect and conspiracy to commit murder in the death of his girlfriend's 5-year-old son who had special needs. A jury in Morgan County returned the verdict early Wednesday in the case against Steven Ingalls Jr.
Justices allow Arkansas to enforce abortion restrictions
The Supreme Court on Tuesday allowed Arkansas to enforce restrictions on how so-called abortion pills can be administered while a legal challenge to the restrictions proceeds, which critics say effectively ends that option for women in the state.