Expired handgun permit not ‘misuse’ of firearm, COA says
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.
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COA upholds denial of pro se rights to ‘sovereign citizen’
The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."
Hanlon takes oath as Southern District judge
Faegre Baker Daniels partner James Patrick Hanlon was officially sworn in as a judge of the U.S. District Court for the Southern District of Indiana Tuesday morning, bringing the court to a full bench for the first time since 2014. Chief Judge Jane E. Magnus-Stinson administered the oath to Hanlon at 8:30 a.m. Tuesday.
CNN sues Trump, demanding return of Acosta to White House
CNN is suing the Trump administration, demanding that correspondent Jim Acosta’s press credentials to cover the White House be returned. The administration revoked Acosta’s credentials last week, and the lawsuit claims the revocation violates the constitutional rights to freedom of the press and due process.
Scrap dealer’s request to dismiss Hammond bridge theft charge denied
A federal judge has denied a northwestern Indiana scrap metal dealer’s request to dismiss charges for allegedly demolishing a historic Hammond railroad bridge and selling the metal for $18,000. Kenneth Morrison argued the grand jury didn’t get an accurate picture of whether the city of Hammond or the railroad company owned the Monon Bridge, but Judge Philip Simon said prosecutors only have to prove Morrison had no claim to the scrap metal.
Indiana Court decisions – Oct. 25-Nov. 7, 2018
Read Indiana appellate decisions from the most recent reporting period.
Authorities: Montgomery Co. woman waited weekend before reporting slaying
Authorities say a 55-year-old rural Indiana woman killed her 62-year-old husband at their home and waited the weekend before calling 911 to report his death. The Montgomery County Sheriff’s Office said Sheila Ridenour was arrested Monday on initial charges of murder and failure to report a dead body after she told 911 dispatchers she fatally shot Billy Ridenour on Friday.
High chance for medical marijuana debate at statehouse
For proponents of medical marijuana, optimism was sparked when Indiana legalized CBD oil earlier this year. With that door opened, legislators in both parties are hopeful that success will boost their chances of getting a hearing on medical marijuana bills they will file in the 2019 legislative session.
New federal Judge Hanlon: ‘Centered, focused, unflappable’
In describing former colleague James Patrick Hanlon’s even demeanor and ability to remain cool in heated situations, Faegre Baker Daniels partner Matthew Albaugh finally had to create an original description: “not flusterable.”
Judge William Lawrence found judiciary after thrown a curve
Southern District Judge William Lawrence took senior status in July, capping a distinguished career that began when he switched from swinging for the fences on the diamond, culminating with him calling balls and strikes from the bench.
Professor: Regulation of lawyer speech undermines judiciary
Legal professionals work within the Rules of Professional Conduct, so they don’t want to make any comments that might be perceived as unduly critical of others in the profession — a profession built largely on respect and civility. But according to an Indiana University Robert H. McKinney School of Law professor, the unease surrounding Rule 8.2(a) is not a matter of respect, but rather a matter of lawyer fear.
Attorney couple seeking changes for Indiana foster parents
Indianapolis attorneys Joe Delamater, a criminal defense lawyer at Razumich & Delamater PC, and Kiamesha Colom, a partner at Taft Stettinius & Hollister LLP, encountered confusion, frustration and ultimately heartbreak during the course of a few months when they became foster parents to a baby boy. Now they are pushing for changes to state laws they say will balance the system so the right results happen for kids.
Hobart man charged with murder in death of father, 80
A northwestern Indiana man is accused of killing his 80-year-old father, who was found mortally wounded in his bathtub.
COA to hear cases at Ivy Tech Columbus, North Central
The Indiana Court of Appeals will hear traveling arguments in two cases this week, starting Tuesday in Bartholomew County with a case involving a drug-dealing conviction.
Indiana man pleads guilty to threatening abortion clinics
A northwestern Indiana man has pleaded guilty to two federal charges alleging he sent threatening messages to two abortion clinics.
Man sentenced to 82 years for Evansville strip club shooting
A man convicted in a fatal shooting outside an Evansville strip club has been sentenced to 82 years in prison. A Vanderburgh County judge ordered the sentence Friday for 35-year-old Clarence Miller, who was convicted last month on murder and other charges for the April 2017 shooting.
Felony advisory sentence doesn’t require sentencing statement, COA rules
A man arguing that a trial court abused its discretion in imposing an advisory sentence without issuing a statement lost his case when the Indiana Court of Appeals found that under Indiana code, courts are not required to issue statements for advisory felony sentences.
COA affirms denial of Kroger sales tax fraud claim
The Indiana Court of Appeals has affirmed the denial of a man’s fraud complaint against several grocery stores after finding his claims did not meet the specificity requirements of Indiana Trial Rule 9(B).
Judge lets Tippecanoe Right to Life free speech case proceed
A Tippecanoe County anti-abortion group’s free speech lawsuit against the local public transportation company will continue after a district court judge denied Greater Lafayette Public Transportation Corporation’s motion for judgment on the pleadings.
7th Circuit upholds denial of qualified immunity for officer who shot truck driver
The 7th Circuit Court of Appeals has upheld the denial of summary judgment to a police officer who shot a truck driver during a fight over parking tickets, finding the record does not demonstrate that the officer was entitled to qualified immunity, making a trial necessary.