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Metzger finishing ILS tenure this week

Norman Metzger will spend this week cleaning nearly 46 years of work from his desk at Indiana Legal Services before beginning his retirement.

Similar entrapment argument brings different COA ruling

Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.

Law professors warn against Indiana religious freedom bill

A bill that proponents say would further protect religious freedom in Indiana “will more likely create confusion, conflict, and a wave of litigation” because it will confer a special status to religious rights, according to a letter signed by 30 law professors.

Teen’s adjudications overturned based on unlawful search

An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.

Canine sniff not allowed, but convictions still upheld

Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.

Couple’s gun collection incorrectly classified as ‘household goods’

The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”

Indiana joins New York herbal supplement inquiry

Attorneys general from Connecticut, Indiana and Puerto Rico have joined New York's attorney general in an investigation of the herbal supplement industry, saying they're building on the long track record of state attorneys general upholding the rights of consumers.

Federal judiciary releases FY 2014 report

Although the federal judiciary began fiscal year 2014 on shaky financial ground, it soon saw its funding restored to pre-sequestration levels and ended the year handling a caseload almost equal to the previous fiscal year.

Opinions March 10, 2015 ILD

Indiana Court of Appeals
Robert Miller v. State of Indiana (mem. dec.)
48A02-1407-CR-478
Criminal. Affirms 16-year executed sentence for conviction of two counts of Class C felony child molesting.

Larry Young v. State of Indiana (mem. dec.)
27A02-1402-CR-109
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

C.C. v. State of Indiana (mem. dec.)
02A03-1408-JV-279
Juvenile. Affirms adjudication of delinquency for what would be Class A misdemeanor battery if committed by an adult.
 

Opinions March 10, 2015

Indiana Court of Appeals
J.B. v. State of Indiana
53A01-1408-CR-367
Criminal. Reverses denial of a petition for expungement of a conviction of Class A misdemeanor battery. The trial court erred when it denied J.B.’s petition to have records relating to his conviction expunged, citing the dismissal of the conviction after J.B. completed a one-year probation sentence. Holds that an earned dismissal of a conviction does not disqualify someone from expungement of the conviction.

Court wrongly denied expungement of dismissed conviction

A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.