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Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
A motion in a lawsuit against the Indianapolis Archdiocese to limit discovery to the question of whether a fired gay counselor falls under the First Amendment’s “ministerial exception” has been defeated in “close call” in Indiana federal court.
With a special study commission having finished its review and submitted its recommendations for updating the Indiana Bar Exam, the Indiana Supreme Court is now asking for public comment about the proposed changes.
Gov. Eric Holcomb is giving the green light for federal officials to continue placing refugees in Indiana, following in the footsteps of a growing group of both Democratic and Republican governors who are opting in to the federal program. The move comes after President Donald Trump issued an executive order in September that, for the first time, required states and local government to provide written consent to continue to receive even a handful of the 26 million refugees worldwide.
By the time lawmakers streamed into the House chamber last Wednesday to vote on impeachment for just the third time in American history, each side was more hardened in its belief that it was in the right. This account of how they got there is based on interviews with 21 people directly involved in the matter.
An administrator at a Catholic high school in Indianapolis has been charged with a misdemeanor in a dispute with a 14-year-old student in the cafeteria. Students told police that Bob Tully of Roncalli High School put a choke hold on a student during a dispute over a food spill on Dec. 6.
A new policy adopted in the wake of a black man’s fatal shooting by a white South Bend police officer calls for random inspections of officers’ body camera footage and for officers to state a reason before they end a recording.
Prosecutors are looking to file four additional charges against an Indiana couple accused of abandoning their adopted daughter. Michael and Kristine Barnett, who were charged in September with two counts of neglect of a dependent, now possibly face six to 20 years in prison if convicted.
A 44-year-old man has died following a shootout with police in eastern Indiana. John Resetar died at a hospital after officers found him Friday evening wounded and unconscious in his Lynn home.
Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.
The state is expecting an additional $531 million in revenue over the next biennium, according to a forecast released Friday. The revenue forecast shared with the State Budget Committee predicted an increase of $239 million and $292 million in 2020 and 2021, respectively, from the previous forecast released in April.
The federal budget bill passed by the U.S. Senate Thursday and headed for the president’s signature includes $440 million for the Legal Services Corp., which is expected to translate into more than $400,000 in additional support to Indiana Legal Services.
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.
A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.
A former Fort Wayne bankruptcy lawyer who served a completed a federal prison sentence for embezzling from a client has resigned from the Indiana bar. Randall Stiles, 46, was released from the federal penitentiary in Terre Haute on Oct. 31 after serving a six-month sentence imposed in March for his guilty plea to two counts of bankruptcy fraud and a misdemeanor tax charge.
The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.
Nominations for Indiana Lawyer’s Leadership in Law Awards open today. Entries for the 2020 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until noon Friday, Jan. 31, 2020.
The federal appeals court ruling striking down the Affordable Care Act’s requirement that people have health insurance left hanging key questions about what happens to other provisions of the law, like coverage for preexisting conditions. President Barack Obama’s signature health care law remains in legal limbo.