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Indiana Supreme Court takes 4th Amendment case

The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.

Nurse to face criminal charges for prescriptions issued at drug clinic

A registered nurse at a Wayne County clinic that treated those with addictions will face criminal charges for her role in handing out prescriptions prepared outside the usual course of professional medical practice. The Indiana Court of Appeals reversed the dismissal of those charges that was based on the fact she was not a doctor.

Justices reinstate father’s parental rights

A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.

State fighting birth certificate ruling

Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.

Court grants habeas writ in case involving repealed drug statute

A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.

COA affirms woman in same-sex relationship legal parent of child

The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.

Opinions Aug. 15, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)

IU McKinney launching Child Advocacy Law Clinic

Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.

Man loses challenge to robbery being a violent felony under ACCA

A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.

Sides in Russell estate case seeking settlement

Attorneys in the estate case of deceased Celadon Group Inc. co-founder Steve Russell say they're hashing out a settlement, a move that would cease the high-profile wrangling over his $31 million estate and curtail estate losses from legal fees.