Barnes to retire from Court of Appeals in June
Longtime Indiana Court of Appeals Judge Michael Barnes has announced he will retire from the appellate court bench on June 1.
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7th Circuit reverses death sentence for murderer Baer
Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.
Justices consider delinquent adjudications for teen who threatened school
In the fall of 2015, a Seymour High School student began planning a “Columbine-style” attack on his school specifically targeting two students — a girl he had a crush on, and the other boy that girl liked. The plan was reported and foiled without any harm, but now the Indiana Supreme Court must decide whether delinquent adjudications imposed on the high school conspirator will stand.
Sweeney shows respect, humor at nomination hearing
James Sweeney II, nominee for the U.S. District Court for the Southern District of Indiana, practically breezed through his nomination hearing before the U.S. Senate Committee on the Judiciary Wednesday.
Rush discusses ‘hope-filled future’ during State of the Judiciary
A complete turnover in the Supreme Court bench, an expansion of judicial training options and a continued commitment to court technology has poised the Indiana judiciary in a state of hope for the future, Chief Justice Loretta Rush said today in her State of the Judiciary address.
In big-cat fight, judge scratches defamation counterclaim against PETA
A lawsuit filed by People for the Ethical Treatment of Animals against what it terms “an unaccredited roadside zoo” near Charlestown is proceeding after a judge dismissed the owners’ counterclaim that the nonprofit had defamed them in its complaint.
U.S. Supreme Court takes wheel in 2 vehicle search cases
The United States Supreme Court’s justices put themselves in the driver’s seat Tuesday, hearing arguments in two cases involving vehicle searches, but it was unclear what routes the justices will take to resolve the cases.
Special prosecutor named in Indianapolis councilman’s molestation case
A special prosecutor has been appointed to oversee the case against an Indianapolis City-County councilman charged with three counts of child molestation.
Indiana governor pledges ‘transparent’ DCS review
Indiana Gov. Eric Holcomb pledged in his State of the State address Tuesday night to conduct a “transparent” review of the Department of Child Services, but offered little more than platitudes about an agency that his critics say is enveloped in crisis. “I’ll state right now: There’s no one who cares more about Hoosier children than I do, and I’ll do whatever is necessary to ensure the success of our agency and its mission.”
Judge blocks Trump decision to end DACA immigration program
A federal judge on Tuesday night temporarily blocked the Trump administration’s decision to end a program protecting young immigrants from deportation. U.S. District Judge William Alsup granted a request by California and other plaintiffs to prevent President Donald Trump from ending the Deferred Action for Childhood Arrivals program while their lawsuits play out in court.
Southern Indiana District Court nominee scheduled for hearing
James R. Sweeney II, the nominee for the U.S. District Court for the Southern District of Indiana, is scheduled to appear before the U.S. Senate Committee on the Judiciary tomorrow.
Nearly a dozen Indiana communities sue opioid industry in new flurry of suits
Nearly a dozen Indiana cities and counties have filed lawsuits in recent days against opioid makers and distributors, claiming the companies have flooded their communities with the addictive painkillers and engaged in deceptive marketing campaigns that helped lead to a growing crisis.
Sentence modification bill inspired by COA ruling
A recent Indiana Court of Appeals decision that prosecutors say went against longstanding practices in the sentence modification process has sparked a conversation in the Indiana legislature about courts’ discretion to modify sentences stemming from fixed-sentence plea agreements.
Church of Cannabis seeks sanctuary in RFRA; Hill asks court to rule for state
Indiana Attorney General Curtis Hill has asked a court to rule in the state’s favor against what he calls “a small group of marijuana enthusiasts operating in Indianapolis under the name ‘First Church of Cannabis.’” An attorney for the church said he was thrilled at Hill’s response to its lawsuit on religious freedom grounds.
High court to hear case of teen who planned ‘Columbine-style’ attack
The Indiana Supreme Court will decide whether a teenager who made violent threats against his school can be adjudicated as a delinquent for both attempted and conspiracy to commit aggravated battery after it hears oral arguments in the Jackson County case this week.
Appellate court affirms battery conviction, probation condition
The Indiana Court of Appeals has upheld a man’s battery conviction and probationary prohibition on possession of a firearm, finding the trial court did not err in the process of hearing testimony and imposing a sentence.
More Indiana communities sue drug companies over opioids
Several more Indiana communities have joined the growing list of governments suing pharmaceutical companies and distributors over their roles in the opioid abuse crisis.
At least 15-year sentence sought for ex-Lake County sheriff
Federal prosecutors are asking that the former sheriff of Indiana’s second most-populous county be sentenced to at least 15 years in prison for taking tens of thousands of dollars in bribes from towing businesses.
Indiana Court Decisions — Dec. 19, 2017-Jan. 3, 2018
Read Indiana appellate court decisions from the latest reporting period.
Problems persist as director quits DCS
The departure of Mary Beth Bonaventura as director of the Indiana Department of Child Services surprised several family law attorneys and social service providers. Uniformly, they agreed the former Lake County juvenile judge was a strong advocate for children and brought valuable experience to her tenure. Still, the department has struggled against internal and external challenges.