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Indiana Court of Appeals
Malik Gardner v. State of Indiana (mem. dec.)
19A-CR-798
Criminal. Affirms Malik Gardner’s convictions in St. Joseph Superior Court of Level 6 felony counterfeiting and Class A misdemeanor resisting law enforcement. Finds the evidence was sufficient to support his conviction.
A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.
The semi driver charged in a crash on Interstate 465 last summer that killed three people has agreed to plead guilty but mentally ill to felony reckless homicide and misdemeanor recklessness charges. He could be sentenced to three to nine years.
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
Police fatally shot a suspect Monday after he opened fire and injured two members of a SWAT team who stormed a Gary apartment complex seeking to apprehend him, authorities said.
Schools would no longer be required to use student standardized test scores in teacher evaluations under a bill approved by the Indiana House.
The Indiana House has approved a spending bill that uses $291 million in surplus dollars to pay for several capital projects at higher education institutions with cash instead of issuing debt.
Franklin College terminated President Thomas Minar over the weekend after he was arrested in Wisconsin “for use of a computer to facilitate a sex crime, child enticement, and to expose a child to harmful materials/narrations,” the school said Monday afternoon.
7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.
Despite multiple 7th Circuit decisions finding police at fault for injuring individuals by excessive handcuffing, a panel from the Chicago court has granted qualified immunity to two Indianapolis police officers in the death of a teenager because none of the previous cases specifically give arrestees the right to not be handcuffed after complaining about difficulty breathing.
The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.
Speaker: Hon. Jennifer Harrison, Marion Superior Court Date: Wednesday, February 12, 2020 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Jury room of Marion Superior Court, Criminal Division Court 20 Provider: Indianapolis Bar Association Contact information: Indianapolis Bar Association 317-269-2000 [email protected] www.indybar.org and click […]
Speaker: Nancy J. Gargula, United States Trustee Date: Thursday, February 6, 2020 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: BMO Conference Center, 135 N Pennsylvania St, 7th Floor Indianapolis, 46204 Provider: Indianapolis Bar Association Contact information: Indianapolis Bar Association 317-269-2000 [email protected] www.indybar.org and […]
The US District Court for the Southern District of Indiana has found a successor to its long-serving clerk, turning to a longtime servant of the court who currently works as its death penalty law clerk. Roger A.G. Sharpe will succeed retiring clerk Laura Briggs effective May 10, Chief Judge Jane Magnus-Stinson said in a press release.
Indiana State Department of Revenue Commissioner Adam Krupp announced Monday he will challenge incumbent Indiana Attorney General Curtis Hill for the Republican Party nomination, saying he will promote “leadership, integrity and results.” Krupp joins a crowded field seeking to topple the embattled AG.
The Indiana Supreme Court has amended Administrative Rule 5 and its references regarding the qualifications for senior judge status.
The Supreme Court of the United States is leaving in place the public nudity convictions of three women who removed their bathing suit tops on a New Hampshire beach as part of a campaign advocating for the rights of women to go topless.
The United States Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
The White House is considering dramatically expanding its much-litigated travel ban to additional countries amid a renewed election-year focus on immigration by President Donald Trump, according to six people familiar with the deliberations.
A special prosecutor should be appointed to determine whether a northern Indiana woman will be charged in an attack on a woman who had just been sentenced in a crash that killed her three children at a school bus stop, county prosecutors said. Fulton County prosecutors asked a judge in a filing Thursday to appoint a special prosecutor, saying they cannot be unbiased in deciding whether Brittany Ingle should be charged in the Dec. 18 attack on Alyssa Shepherd.