Supreme Court upholds Arizona death sentence
A sharply divided United States Supreme Court on Tuesday upheld the death sentence for an Arizona inmate who was convicted of killing two people in home burglaries nearly 30 years ago.
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New Virginia sentencing law ends high court’s DC sniper case
Lee Boyd Malvo, the Washington, D.C., area sniper, and the state of Virginia agreed Monday to dismiss a pending Supreme Court case after the state changed criminal sentencing law for juveniles.
Weinstein conviction could influence other sex crime prosecutions
New York prosecutors are hailing former Hollywood producer Harvey Weinstein’s conviction as a pivotal moment that could change the way the legal system views a type of sexual assault case historically considered difficult to prove.
Opinions Feb. 24, 2020
Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.
Justices grant transfer in 4 cases, deny 19 others
| IL Staff
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
Fetal remains bill heading to House floor
The Indiana House of Representatives was scheduled to hear a bill Monday that deals with the disposal of fetal remains, building on a similar provision in an abortion law the state passed in 2016 and was subsequently upheld by the U.S. Supreme Court.
DCS, trial court reprimanded in reversal of parental rights termination
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
Deceased inmate’s estate case against DOC reinstated on appeal
The estate of an inmate who died in the Indiana Department of Corrections from complications arising from lupus and a blood clotting disorder had its case reinstated Monday against the DOC and its medical services contractor.
Justices to hear murderer’s PCR case Thursday
| IL Staff
Indiana Supreme Court justices have agreed to hear a man’s petition after an appellate panel reversed a grant of relief from his 141-year prison sentence for murder.
Indiana law schools post changing fortunes in first-time bar passage rates
Newly released data from the American Bar Association shows the bar passage rate for first-time takers is improving at IU Maurer and Notre Dame but slipping at IU McKinney.
Recovery for Durham fraud victims hinges on high-stakes trial
A high-stakes lawsuit goes to trial Monday that could represent the last, best hope for victims of Indianapolis businessman Tim Durham’s Ponzi scheme to recoup a sizable recovery on their more than $200 million in losses.
Carmel man indicted on 28 fraud charges related to scheme using PayPal, eBay
A Carmel man has been indicted on 28 federal offenses including wire fraud, aggravated identity theft, credit card fraud and money laundering related to fraudulent PayPal and eBay accounts, Southern Indiana District U.S. Attorney Josh Minkler announced Friday.
Police: Hobart couple forced boys off road, angered by Trump flags
A northwestern Indiana couple allegedly used a car to force two teenage boys off a road, angered that the twin brothers were riding bicycles adorned with flags supporting President Donald Trump, before ripping one of the sibling’s flag from his bike, police said Friday.
Man charged in 2019 homicide of woman in Indianapolis church
A 57-year-old man has been charged in the death of a woman who was found strangled and stabbed last year inside an Indianapolis church, authorities said.
Elkhart judge rejects fatal crash plea, surprising victim’s parents
A northern Indiana judge has rejected a man’s plea agreement in a fatal 2015 car crash, frustrating the victim’s parents, who say they want the long-running case behind them.
Opinions Feb. 21, 2020
Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.
CHINS statutory deadline overridden by trial rule
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
Lawyer’s lie on jury questionnaire prompts retrial in murder case
A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.
Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Justices: Seized evidence must be suppressed in GPS tracker case
Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.