COA reverses incest, child molesting convictions after double jeopardy violation
The Indiana Court of Appeals partially reversed a man’s conviction for child molesting and incest when it found a double jeopardy violation in the convictions.
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Inmate who dressed as old woman, carried urine into court loses appeal of denial of pro se rights
A Marion County defendant whose right to proceed pro se was terminated after a judge determined his physical state precluded him from doing so has lost his appeal of that termination, with the Indiana Court of Appeals finding the man used his illness to try to influence the court and jury.
Reversal: Officers entitled to qualified immunity after inmate death
The 7th Circuit Court of Appeals reversed a grant of judgment in favor of a deceased inmate’s estate, finding two officers who placed the inmate in a cell while he was intoxicated were entitled to qualified immunity.
COA upholds mixed sentences for murder, attempted murder convictions
A Lake County man sentenced to an aggregate 225 years lost his pro se appeal after the Indiana Court of Appeals determined his sentence, which included a mix of terms running consecutively and concurrently, did not violate state statute,
Darmstadt apartment zoning approval splits appellate court
A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
Addressing opioids requires stakeholders to work together
Disconnect between Americans with addictions and civil legal aid options was the subject of the Oct. 17 meeting of the Legal Services Corp.’s Opioid Task Force. Gathered in downtown Indianapolis ahead of LSC’s board meeting in the Circle City, the task force met to address the civil legal aid implications of the opioid epidemic.
Indiana Supreme Court asked to review rent-to-buy agreements
Asserting the Court of Appeals’ ruling in a rent-to-own dispute will adversely impact tenants across the state, Indiana Legal Services filed a petition Monday to transfer its litigation against Rainbow Realty Group for the company’s rent-to-own practices. In its transfer petition,Indiana Legal Services argued Rainbow's rent-to-buy contract is a lease governed by the state’s Landlord-Tenant Act.
Trump administration wants delay in census lawsuit trial
The Trump administration wants the Supreme Court to postpone a trial over the decision to add a citizenship question to the 2020 census. The request submitted to Justice Ruth Bader Ginsburg Monday says a federal judge in New York should not move forward with a Nov. 5 trial exploring whether Commerce Secretary Wilbur Ross improperly decided the census should ask about citizenship for the first time since 1950.
High court won’t hear Evansville suit alleging coerced confessions
A lawsuit involving three teenagers who accuse Evansville police of violating their constitutional rights is headed to trial after the U.S. Supreme Court declined to hear the case. The high court refused Monday to review a January ruling by the 7th U.S. Circuit Court of Appeals, which found enough evidence to warrant a civil trial in the suit filed on behalf of William, Deadra and Andrea Hurt and their mother.
Ex-USA Gymnastics head pleads not guilty to tampering count
The former president of USA Gymnastics pleaded not guilty in a Texas courtroom Monday to a charge of tampering with evidence in the sexual assault investigation of now-imprisoned sports doctor Larry Nassar. Prosecutors have accused Steve Penny of destroying or hiding documents related to Nassar’s activities at the Karolyi Ranch, the ex-national training center near Huntsville, Texas, where a number of gymnasts said Nassar abused them.
Special prosecutor believes women but won’t charge AG Hill
Special prosecutor Daniel Sigler said he believes the four women who accused Attorney General Curtis Hill of groping them, but he said he chose not to file criminal charges against Hill because believing the women would not be enough in a court of law.
Murder charges refiled against Indiana woman in 2012 death
Charges have been refiled against a northwestern Indiana woman accused of arranging the 2012 shooting death of a business associate. Porter County Prosecutor Brian Gensel said charges of murder and conspiracy to commit murder were refiled against Sheaurice Major as a result of new evidence after similar charges against Major were dismissed in 2017.
Forkner brings veteran leadership to top judiciary post
After running, as he puts it, both the gauntlet and the gamut of an extensive interview process led by the five justices and other court managers, Justin Forkner was selected as the new chief administrative officer of the Indiana Supreme Court.
Mail bomb suspect makes first court appearance
Federal prosecutors want no bail for a man accused of sending pipe bombs to prominent Democrats around the country. Prosecutors said at the initial court hearing Monday for 56-year-old Cesar Sayoc that they believe he is a risk of flight and a danger to the community.
Woman charged with leaving racist note on neighbor’s home
A central Indiana woman allegedly left a note on a neighbor’s home filled with racist slurs targeting the family’s black son and warning “this is a white neighborhood.”
Justices agree to hear case regarding ‘obscene’ material on cellphone
The Indiana Supreme Court granted one transfer request and denied 18 others last week, agreeing to hear argument as to whether content found on the phone of a man convicted of sexual misconduct with a minor is considered obscene under an Indiana statute.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
Reversal: Inmate may appeal despite belated notice
The Indiana Court of Appeals reversed the denial of an inmate’s permission to file a belated notice of appeal when it found he was an eligible defendant under to Post-Conviction Rule 2.
West Virginia Supreme Court halts impeachment trials
West Virginia’s Supreme Court has effectively halted the legislature’s remaining efforts to impeach the state’s justices as a violation of the separation of powers doctrine.