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‘Dismayed’ by trial court, COA orders resentencing

January 31, 2017

An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.

Sheriff’s department not liable in death of former deputy’s wife

January 31, 2017

The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.

Indianapolis jail at Twin Aire touted as criminal justice reform

January 31, 2017

Dozens of city, county, neighborhood and social services representatives gathered in the bracing cold Tuesday morning on the site of the decade-defunct Citizens Gas and Coke Utility plant site in the Twin Aire neighborhood just about three miles southeast of downtown Indianapolis. A new criminal justice center is proposed to rise in the 2900 block of East Prospect Avenue.

Holcomb cautiously backs Trump immigration order

January 31, 2017

Indiana’s governor is giving cautious support to President Donald Trump’s executive order restricting refugees and immigration into the country.

Syrian family denied entry sues Trump administration

January 31, 2017

A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.

Fueled by protest, liberals push for blockade of Trump picks

January 31, 2017

Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.

COA affirms revocation of good time credit

January 30, 2017

A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.

Divided COA reverses denial of proceedings supplemental

January 30, 2017

A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.

Report: Marion County Jail going at former Citizens Gas site

January 30, 2017

Indianapolis Mayor Joe Hogsett will announce a new Marion County Jail and Criminal Justice Center will be built at the near-east side site of the former Citizens Gas & Coke Utility Plant on Prospect Street, a television station reported, citing unnamed sources.

7th Circuit strikes down portions of Indiana vaping law

January 30, 2017

A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.

Opinions Jan. 30, 2017

January 30, 2017

7th Circuit Court of Appeals
Legato Vapors, LLC, et al and Right to be Smoke-Free Coalition, Inc. v. David Cook, et al
16-3071
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the judgment of the district court dismissing the case. Remands with instructions to enjoin enforcement of the challenged provisions of the Vapor Pens and E-Liquids Act against the plaintiffs and to declare the challenged provisions unenforceable against out-of-state manufacturers. Finds that Indiana may not try to achieve health and safety goals by directly regulating out-of-state factories and commercial transactions. Also finds that as applied to out-of-state manufacturers, the challenged provisions of the act violate the dormant Commerce Clause prohibition against extraterritorial legislation.

State immigration lawyers say clients fearful amid Trump orders

January 30, 2017

As the nation witnessed chaotic scenes over the weekend of immigrants detained at major American airports, Indiana immigration lawyers said President Donald Trump’s executive orders tightening immigration enforcement and banning immigrants from seven nations are dividing families and sowing fear with their clients.

Indiana man charged in dad’s killing to use insanity defense

January 30, 2017

A northeast Indiana man charged with killing his father plans to use an insanity defense when he goes to trial in Auburn.

State lawmakers discuss expanding screening for teachers

January 30, 2017

Indiana lawmakers are proposing legislation they say will help strengthen Indiana’s system for running background checks for teachers.

Man convicted in deadly blast faces murder-for-hire trial

January 30, 2017

A man serving two life sentences in a deadly Indianapolis house explosion faces trial on a murder-for-hire charge.

Anti-abortion groups hold triumphant rally after Obama years

January 27, 2017

The politically ascendant anti-abortion movement gathered Friday for a triumphant rally on the National Mall, rejoicing at the end of an eight-year presidency that participants said was dismissive of their views.

Hearing officer urges reprimand for Johnson County prosecutor

January 27, 2017

The Indiana Supreme Court should limit its discipline of Johnson County Prosecutor Bradley Cooper to a public reprimand, the hearing officer presiding over his case recommends.

Legal aid filing fee bill moves to House

January 27, 2017

A bill that would extend the $1 filing fee on civil cases submitted to Indiana state courts has breezed through the Senate and is now headed to the House of Representatives.

Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017

The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.

Opinions Jan. 27, 2017

January 27, 2017

7th Circuit Court of Appeals
Lana Canen v. Dennis Chapman, in his individual capacity as Deputy for the Elkhart County Sheriff Department
16-1621
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Rudy Lozano.
Civil. Affirms the U.S. District Court for the Northern District of Indiana’s dismissal of Lana Canen’s case at summary judgment on the grounds that Dennis Chapman was entitled to qualified immunity. Finds that Detective Chapman's failure to disclose that he was not trained as a latent print examiner cannot be characterized as a violation of any clearly established right and, accordingly, the doctrine of qualified immunity protects him. Also finds that to the degree that this action is premised on the preparation or presentation of his trial testimony, absolute immunity protects Chapman.

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In This Issue

  • Carmel CEO introduces new AI-driven app to support family law cases

  • Attorneys say commercial courts offer predictability

  • Seventh Circuit Court affirms lower court’s denial of preliminary injunction for press access to state executions 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Former Pacers player says Zionsville councilor exploited his elderly grandmother

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

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