Indiana Court decisions – April 12-25, 2018
Read Indiana appellate decisions from the most recent reporting period.
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Landis, longtime head of Public Defender Council, to retire in July
Despite working on Indiana public defense reforms for 41 years, there are still goals Larry Landis wishes he could have accomplished before his impending retirement from the Indiana Public Defender Council. In a perfect world, Landis said his career would have led to more judicial sentencing discretion, a greater focus on mental health treatment, and a justice system that values restoration over punishment.
JNC completes first day of Court of Appeals interviews
The first of two days of interviews to fill an upcoming vacancy on the Indiana Court of Appeals is complete after the Indiana Supreme Court Judicial Nominating Commission spoke with three more applicants Monday afternoon.
Report: Law changes could help combat Indiana opioid crisis
Indiana University experts who assessed the state's opioid epidemic have made recommendations for how Indiana can better address the crisis.
Interviews to fill upcoming COA vacancy begin
Five Indiana Court of Appeals hopefuls sat for interviews Monday morning, beginning the process of filling the northern Indiana vacancy on the court that will be left when Judge Michael Barnes retires on June 1.
Supreme Court to hear appeal of Missouri death row inmate
The Supreme Court of the United States agreed Monday to review the case of a Missouri death row inmate who says his rare medical condition could cause him to choke on his own blood during an execution.
Indiana Lawyer wins awards for government, feature, minority issues reporting
The Indiana Lawyer took home three awards Friday in the 2017 Best in Indiana contest hosted by the Indiana Professional Chapter of the Society of Professional Journalists.
Man charged with shooting deputy hears death penalty charge
A man charged with murder in the fatal shooting of a Boone County sheriff’s deputy heard a death penalty charge read to him Friday. Anthony Baumgardt of Lebanon is accused in the March 2 fatal shooting of Jacob Pickett.
Southern District seeking comment on proposed rule amendments
The U.S. District Court for the Southern District of Indiana is seeking public comment on proposed amendments to multiple local rules. Comments on amendments to Local Rules 7-1, 10-1, 40-1 and 76-1 and Local Criminal Rules 8-1 and 49.1-2 are due by May 29.
COA transfers daycare negligence case to Hendricks County
A negligence case against a Hendricks County church daycare accused of causing an infant’s catastrophic brain injury must be transferred to Hendricks County after the Indiana Court of Appeals determined the trial court erred in finding Marion County was a preferred venue.
Divided justices deny transfer to reversed adoption
Despite having already granted the adoption petition, the Vanderburgh Superior Court must revisit an adoption case after the Indiana Supreme Court denied transfer to a Court of Appeals opinion that found an error in the trial court’s decision.
COA: Bomb threat still evacuates closed courthouse
A man convicted of intimidation for threatening to blowup a courthouse failed to persuade the Indiana Court of Appeals that he did not want to evacuate the building because he made the calls when he knew the place would be empty.
COA affirms denial of motion to suppress drug evidence
A man found slumped over a steering wheel who later admitted to possessing methamphetamine and marijuana has lost his appeal of the denial of his motion to suppress the evidence against him. The Indiana Court of Appeals found the seizure of the man was constitutionally permissible.
Plaintiffs’ appeal of bad-faith ruling for bank costs more legal fees
Finding a couple’s appeal of a judgment in favor of a bank meritless and in bad faith, the Indiana Court of Appeals affirmed a trial court ruling and remanded the case for a determination of appellate legal fees to be awarded from the couple to the bank.
Judge orders early satellite voting precincts for Marion County
A federal judge Wednesday ordered Marion County to establish at least two early satellite voting precincts in time for the November general election, though the court refrained from requiring them in time for the May 8 primary election.
Suspension reinstated for insurer accused of hitting worker
A Plainfield insurance agent’s license suspension was reinstated by the Indiana Court of Appeals, which ruled Wednesday that evidence that he hit a state employee twice while attempting to renew his license was sufficient grounds to let the disciplinary action stand.
7th Circuit affirms denial of disability benefits
A man who was has been trying for more than 11 years to obtain Social Security disability benefits failed to convince a panel of the 7th Circuit Court of Appeals that he was wrongly denied benefits.
U.S. Courts seeks input on restyling bankruptcy rules
With other federal rules having been rewritten over the last several years to make them simpler, more understandable and easier to use, the U.S. Courts Advisory Committee on Bankruptcy Rules is now considering whether to do the same for the federal rules of bankruptcy procedure.
Supreme Court hears insanity argument in shooting death of pastor
The May 2012 shooting of the Bethel Community Church pastor left the Southport community shaken. Admitted killer Lori Barcroft was twice found guilty but mentally ill in the shooting death of Jaman Iseminger, but as it stands now, she is not guilty by reason of insanity after a second Indiana Court of Appeals reversal.
Class-action lawyers rebuked over Anthem settlement
Some Anthem Inc. customers were unimpressed by the $115 million data breach settlement deal, and even less so by the attorneys' fee request. California federal Judge Lucy Koh also blistered the attorneys about their fees in open court in February.