US Supreme Court backs police in traffic stops
Police can pull over a car when they know only that its owner’s license is invalid, even if they don’t know who’s behind the wheel, the Supreme Court ruled Monday.
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11 coronavirus deaths reported at Anderson nursing home
| Associated Press and IL Staff
Eleven residents of a nursing home in Anderson have died from COVID-19 while the overall state toll from the disease caused by the coronavius rose Monday by 12 to 139, state health officials said.
Opinions April 6, 2020
Indiana Court of Appeals
In the Paternity of M.S., L.S. and S.S. Maria Arriaga v. State of Indiana as Next Friend; Gabriela Ivonne De Landa, (Mother), and Samuel Salazar, (Father)
19A-JP-1595
Juvenile paternity. Reverses the St. Joseph Probate Court’s order regarding a petition for modification of custody filed by Samuel Salazar. Finds the trial court abused its discretion by denying Maria Arriaga’s motion to intervene and its finding that Arriaga was not a de facto custodian to be erroneous. Remands for the trial court to reconsider its custody modification determination and apply the relevant statutes and cases pertaining to de facto custodians. Judge Nancy Vaidik concurs in part, dissents in part.
Public, press can be included in electronic federal court proceedings
| IL Staff
Federal courts that have been forced to close courthouses to the public because of the novel coronavirus pandemic have been authorized to use technology to provide the public and press with continued access to court proceedings.
Divided COA reverses in first impression de facto custody case
A split Indiana Court of Appeals has reversed for the reconsideration of a father’s granted motion to modify custody after finding that a woman who raised one of his three children was, in fact, the child’s de facto custodian.
Justices remand for reconsideration in Munster misuse of public funds case
A unanimous Indiana Supreme Court has remanded a case, reinstating state claims against two former Munster school officials accused of misappropriation of funds. The court cited its recent decision concerning a case involving a Jennings County bookkeeper.
Less than half pass February bar exam, early results show
The slump in passing rates for the Indiana bar exam is continuing with February’s preliminary results being the lowest recorded in Indiana in recent years. Just 46 percent of the 246 test takers passed, initial results show.
State reports 533 more cases of COVID-19, 12 more deaths
The Indiana State Department of Health on Monday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 4,944 after the emergence of 533 more cases. The death toll in the state rose to 139, up from 127 the previous day.
Indiana governor extends virus stay-home order 2 weeks
Indiana’s stay-at-home order was extended Friday for two more weeks as the state’s number of coronavirus-related deaths topped 100 with an anticipated peak of infections still weeks away.
Illinois court affirms South Bend man’s sentence in 2015 attack
An Illinois appellate court has affirmed the 68-year sentence of an Indiana man convicted in a brutal attack of a woman at her suburban Chicago home in 2015.
Man sentenced for Tippecanoe Co. bank robberies involving lame disguises
An Illinois man who pleaded guilty in a string of Indiana bank robberies pulled off while he wore wigs and fake beards as disguises has been sentenced to 40 years in prison.
Porter Co. judge keeps pregnant inmate in jail to protect unborn child
A northwestern Indiana judge declined to release a pregnant inmate from jail after her mother pleaded to keep her locked up, saying her daughter’s history of substance abuse threatens the life of her unborn child.
Opinions April 3, 2020
Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.
Man with mental disability freed, granted new trial in murder case
A northern Indiana man who has maintained for more than a decade that law enforcement officials in Elkhart exploited his mental disability to coerce him into a false murder confession has been released from prison and granted a new trial.
Legal education adjusting to uncertain times caused by coronavirus
As potential law students are wondering whether they will be able to take the LSAT as scheduled this spring, those preparing to graduate law school are likely to be graded in their final term on a pass/fail basis.
Justices extend COVID-19 procedures, halt non-emergency warrants
| IL Staff
The Indiana Supreme Court has extended the effective date of Indiana trial court Administrative Rule 17 orders issued in response to the coronavirus pandemic, leaving them in place through May 4, according to a Friday announcement from the high court.
Disciplinary Commission offers attorneys ethical tips during COVID-19 crisis
| IL Staff
Hoosier attorneys have been offered some ethical tips from the Indiana Supreme Court Disciplinary Commission as lawyers statewide continue working remotely during the “new normal” caused by the novel coronavirus pandemic.
Reversal reinstates firearm enhancement in aggravated battery
An appellate panel on Friday reversed dismissal of a firearm enhancement for a man who was convicted of aggravated battery, remanding for a trial on the enhancement while also cautioning the state about “careless” oversight of criminal cases.
State leaders urge release of low-risk inmates, non-violent juveniles
| IL Staff
Leaders of all three branches of state government issued a joint letter Friday providing local communities guidance in releasing those detained in jails, correctional facilities and juvenile detention in an effort to stem the spread of coronavirus.