A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.
The Supreme Court on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.
The U.S. Supreme Court ruled Tuesday to make it more difficult to convict a person of making a violent threat. The case could make it harder for prosecutors to convict certain people who threaten elected officials, including the president.
Indiana Supreme Court
S.D. v. G.D.
23S-PO-89
Protective order. Affirms the issuance of a two-year protective order against father S.D., with the Starke Circuit Court finding that mother G.D. had established that “domestic or family violence” occurred and that father “represents a credible threat to the safety” of G.D. and child H.D. Finds the trial court’s evidence-based findings support its judgment issuing a protective order against S.D.
The Indiana Supreme Court affirmed a two-year protective order Monday for a mother and her child, upholding a trial court’s ruling that the child’s father “represents a credible threat to the safety” of the mother or child.
Two women who joined a wide-ranging MDL against Cook Medical did not allege injuries more than the jurisdictional minimum of $75,000, the 7th Circuit Court of Appeals has ruled in vacating the district court’s grant of summary judgment in Cook’s favor.
The rape-related convictions that led to a man’s 650-year aggregate sentence will stand, as will the sentence itself, a split Court of Appeals of Indiana affirmed Monday in a ruling that included a dissent from one judge on the issue of double jeopardy.
The U.S. Supreme Court is getting ready to decide some of its biggest cases of the term. The high court has 10 opinions left to release over the next week before the justices begin their summer break.
Court of Appeals of Indiana
In re the Supervised Estate of Gene D. Bricker, Deceased Ann Bricker v. The Estate of Gene D. Bricker and Dennis Bricker
23A-ES-3
Estate supervised. Affirms the Hancock Superior Court’s denial of Ann Bricker’s petition to have real estate and a farm account included in Gene Bricker’s estate. Finds there is some similarity between transfer-on-death transfers and a trust designed to defeat a surviving spouse’s share, but concludes the TOD transfers in this case cannot be included in Gene Bricker’s estate. Also finds TOD transfers cannot be found to be “testamentary in nature” for purposes of the state’s spousal inheritance statute.
The Department of Justice’s refusal to allow Ascension Medical Group to depose a Drug Enforcement Agency agent and a federal prosecutor in state court was reasonable and in line with federal regulations, the 7th Circuit Court of Appeals affirmed Thursday.
A unanimous Indiana Supreme Court agreed that a trial court erred in not admitting testimony about the character of a man’s daughter in a child molestation case. However, justices also ruled the error was harmless.
A landlord-tenant dispute between college friends was resolved in favor of the landlord at the Court of Appeals of Indiana, though a dissenting judge would hold that it was the landlord, not the tenant, who breached the lease.
A widow trying to include her husband’s bank account and real estate in his estate despite the property being bequeathed to their son failed to find relief from the denial of her petition at the Court of Appeals of Indiana.
The U.S. Supreme Court on Friday rejected a Republican-led challenge to a long-blocked Biden administration policy that prioritizes the deportation of immigrants who are deemed to pose the greatest risk to public safety or were picked up at the border.
The Supreme Court on Friday upheld a section of federal law used to prosecute people who encourage illegal immigration, ruling against a California man who offered adult adoptions he falsely claimed would lead to U.S. citizenship.
The U.S. Supreme Court on Friday upheld the conviction of a man serving a life sentence for his role on an international “kill team” in a case about what happens when one person’s confession might also implicate someone else on trial.
Court of Appeals of Indiana
In The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services
22A-JC-2822
Juvenile CHINS. Dismisses father J.C.’s appeal of the Vanderburgh Superior Court’s denial of his motion to modify the placement of his child, L.S. Finds father’s notice of appeal indicates that the order denying the modification is a final appealable order, but it is not. Also finds father did not seek an interlocutory appeal. Finally, finds the Court of Appeals lacks appellate jurisdiction.
An incarcerated father seeking to modify the placement of his child failed to properly file his appeal and left the Court of Appeals of Indiana without appellate jurisdiction, the court ruled Thursday in dismissing the appeal.
As the Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law deans — including Dean Christiana Ochoa at IU Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.