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Opinions Jan. 26, 2017

January 26, 2017

Indiana Supreme Court
Demajio Ellis v. State of Indiana
71S05-1606-PC-360
Post-conviction. Reverses the denial of Demajio Ellis’ post-conviction relief. Finds that Ellis’ guilty plea to four Class A felony offenses was invalid because at the time he entered the plea, he also professed his innocence.

Judge rules for Teamsters, notes plaintiff’s gambling bills

January 26, 2017

The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.

Justices grant relief to man who maintained innocence

January 26, 2017

The justices of the Indiana Supreme Court have reversed the denial of post-conviction relief to a man convicted of attempted murder and attempted burglary, holding that because the man maintained his innocence even as he pleaded guilty, the trial court erroneously denied his relief.

House panel advances Marion County judicial selection bill

January 26, 2017

Despite public concerns that a bill for choosing Indianapolis judges would reduce diversity on the bench, deprive Marion County residents of the right to directly elect jurists and elevate political considerations, a House committee Wednesday advanced a merit-selection measure supported by lawyers, judges and the business community.

Lawmakers consider funding for lead crisis in East Chicago

January 26, 2017

State lawmakers are considering two plans allocating a total of $15 million in state funds for the lead crisis in East Chicago.

Lawmaker drops pay-hike push for governor, others

January 26, 2017

An Indiana lawmaker has decided to withdraw his proposal that would have given a big pay increase to the governor and other top elected state officeholders, calling instead for a study of those salaries compared with other states.

House panel OKs needle exchange bill despite AG’s opposition

January 26, 2017

A proposal that would give counties and municipalities control over creating needle-exchange programs in their communities advanced through a legislative committee Wednesday, despite opposition from new Attorney General Curtis Hill.

COA: Company cannot withhold ‘voluntary’ deductions from ex-employee’s pay

January 25, 2017

A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.

Supreme Court upholds man’s life sentence

January 25, 2017

An Elkhart County man who smoked synthetic marijuana then stabbed his girlfriend to death was unable to convince the Indiana Supreme Court that his sentence of life without parole was unconstitutional.

Bankruptcy filings continue to fall

January 25, 2017

Bankruptcy filings hit a 10-year low nationwide in 2016, a new federal judiciary report shows.

Opinions Jan. 25, 2017

January 25, 2017

7th Circuit Court of Appeals
Rollie M. Mitchell v. United States of America
14-3759
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of Rollie Mitchell’s motion for post-conviction review. Finds that Bruce Brattain did not provide ineffective assistance of counsel.

Justices revise sentence of man with mental illness

January 25, 2017

The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.

7th Circuit vacates denial of prisoner’s request for help finding counsel

January 25, 2017

The 7th Circuit Court of Appeals has vacated a district court order denying a request to help an inmate living in another state recruit counsel for an Indiana case, noting that without counsel or a medical expert, the inmate will be unable to build a strong legal case.

COA: Restitution must be based on value of damaged car, not upgraded vehicle

January 25, 2017

Trial courts must award restitution based on the cost of an item that was stolen or damaged, not the cost of upgrading to a new item, the Indiana Court of Appeals held Wednesday, so the Marion Superior Court erred when it ordered restitution based on the cost a woman incurred in purchasing a newer vehicle after a wreck.

ABA president to speak at ISBA Small, Solo Conference

January 25, 2017

American Bar Association President Linda A. Klein has been confirmed at the keynote speaker for the Indiana State Bar Association’s Solo and Small Firm Conference in June, the ISBA announced Wednesday.

7th Circuit affirms denial of evidentiary hearing, post-conviction review

January 25, 2017

The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.

Trump intends to announce his Supreme Court pick on Feb. 2

January 25, 2017

President Donald Trump said Wednesday he intends to announce his nominee for the Supreme Court on Feb. 2, and three federal appeals court judges are said to be the front-runners to fill the lifetime seat held by the late Justice Antonin Scalia, a conservative icon.

ABA House of Delegates turning its attention to law schools

January 25, 2017

The American Bar Association is poised to dial up the pressure on law schools by linking bar exam passage rates to accreditation.

IU McKinney announces memorial for former dean

January 25, 2017

The Indiana University Robert H. McKinney School of Law has announced a public memorial service to honor the life of one of its former deans.

Untreated courthouse dome shows its true color

January 25, 2017

Tippecanoe County's courthouse dome temporarily sports a new reddish-orange color, but for those who think it's primer paint — or suspect it's a fashionable burnt orange for the fall lineup — it isn't. It's rust.

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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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