Prosecutor seeks special investigation in fatal South Bend shooting
An Indiana prosecutor has asked a judge to approve a special investigation into a murder case after the defendant alleged investigators lied about details under oath.
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Fishers attorney gets stayed suspension for professional misconduct
| IL Staff
Indiana Supreme Court justices have issued a 60-day stayed suspension for a Fishers attorney who acknowledged he failed to properly represent a client in a divorce case and mishandled another client’s workplace sexual harassment claim.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
Opinions April 8, 2020
Indiana Court of Appeals
Harold Warren v. State of Indiana
19A-PC-01604
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.
Indiana COVID-19 top 200 as cases near 6,000
| IL Staff
Indiana’s coronavirus death toll rose by 30 as of Wednesday, the State Department of Health reported. The total lives claimed in Indiana by COVID-19 rose to 203, while presumptive positive cases climbed to 5,507, an increase of 436 cases.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
COA affirms inventory search, seizure in traffic stop
The Indiana Court of Appeals has affirmed a man’s conviction for possession of marijuana and a handgun, among other things, after concluding the inventory search of his vehicle after a traffic stop was proper.
Attorney suspended for failure to disclose in bar exam application
An attorney who failed to disclose in his bar exam application complaints made against him has been suspended from the practice of law effective immediately, the Indiana Supreme Court announced Tuesday.
Indiana justices accept Kokomo lawyer’s resignation
| IL Staff
Indiana Supreme Court justices on Tuesday accepted a veteran Howard County lawyer’s resignation.
Lawyer conditionally reinstated years after taking bar funds
| IL Staff
The Indiana Supreme Court on Wednesday conditionally reinstated a former Marion County Bar Association treasurer who was suspended without automatic reinstatement six years ago after admitting to taking more than $9,100 from the organization.
Judge denies inmate request for release over COVID-19 risk
An inmate facing drug and weapons charges who claims he is at a higher risk of contracting the novel coronavirus has been denied his request to be released to home detention for his health.
Despite inadequate defense, COA denies relief in 1999 Indy merchant’s murder
A man convicted of slaying an Indianapolis storekeeper in 1999 lost his post-conviction relief appeal Wednesday, even as the appellate panel acknowledged his since-suspended defense counsel failed to properly investigate alternate suspects, among other shortcomings.
NTSB: Schools share blame for Rochester crash that killed 3 children
The National Transportation Safety Board said Tuesday that a northern Indiana school district is partially to blame for a 2018 crash that killed three siblings crossing a rural highway to reach their stopped school bus.
AG Hill: Supreme Court lacks authority to order release of DOC inmates
Indiana Attorney General Curtis Hill is asking the Indiana Supreme Court to decline a request to use its rulemaking authority to order the release of inmates vulnerable to the novel coronavirus.
Opinions April 7, 2020
Indiana Court of Appeals Jody D. Selby v. State of Indiana (mem. dec.) 19A-CR-2584 Criminal. Affirms Jody Selby’s convictions in Vanderburgh Circuit Court of Level 6 felony possession of methamphetamine and Class A misdemeanor possession of a controlled substance. Finds sufficient evidence to support the convictions. Steven E. Ingalls, Jr. v. State of Indiana (mem. […]
Governor tightens retail restrictions, requires liquor stores to switch to takeout
The stay-at-home extension that Indiana Gov. Eric Holcomb signed Monday strengthens the restrictions around how retailers can operate — including a provision that requires liquor stores to only offer curbside pickup.
New IndyBar Foundation program to pay lawyers to provide legal aid
| IL Staff
The Indianapolis Bar Foundation has implemented a new program in response to the novel coronavirus pandemic to put dollars in the pockets of young lawyers while continuing to provide free legal services to the public.
Allen County Bar preparing for uptick in need
| IL Staff
On a typical Tuesday, the Allen County Bar Association’s legal help line gets 40 to 60 calls, but the organization is bracing for an increase as the coronavirus crisis worsens.