DTCI: Finding positives: Togetherness in social distancing
Defense Trial Counsel of Indiana member Megan Culp reflects on the positive things I’ve experienced during the COVID-19 crisis to give others a small distraction from the negatives.
Courts
Articles
ACLU not planning suit to block fetal remains bill
Indiana’s new fetal remains law, which provides for burial or cremation following an abortion, will likely not face a legal challenged in contrast to a similar provision in a 2016 state law that was ultimately upheld by the U.S. Supreme Court.
COA affirms murder conviction over challenged letter
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Texas clinics ask Supreme Court to allow certain abortions
Abortion clinics in Texas have asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic. The clinics filed an emergency motion on Saturday asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.
Challenged blood draw in fatal impaired driving crash upheld
A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.
Injured wood trimmer operator loses appeal against manufacturer
A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.
7th Circuit: Insurer has no obligation to ambulance fleet service after fatal crash
An ambulance that crashed into a car and killed its driver was not covered under an insurance policy, the 7th Circuit Court of Appeals ruled Thursday. As a result, the insurer had no obligation to either the ambulance service or its employee.
Indiana Supreme Court suspends filing by personal delivery through May 4
The Indiana Supreme Court announced Tuesday that filing pursuant to Appellate Rule 23(A)(1) by personal delivery to the clerk of courts or the rotunda filing drop box is now suspended through May 4.
Nonprofits petition Indiana Supreme Court to protect stimulus payments
Legal aid providers and nonprofits that help the poor are asking the Indiana Supreme Court to protect vulnerable households from having their federal stimulus checks seized by creditors.
ACLU sues to block new Indiana panhandling law
A new Indiana law that effectively bans panhandling in downtown areas effective July 1 is being challenged in a federal lawsuit filed Thursday by the American Civil Liberties Union of Indiana, which claims that in addition to panhandlers, it and other organizations whose members personally collect donations would be broadly banned from doing so under the new law.
Order vacating man’s removal from sex offender registry affirmed
A trial court that vacated its prior order removing a man’s name from the Indiana Sex Offender Registry was correct in doing so because the Indiana Attorney General’s Office had not been notified of the offender’s request to be taken off the registry, the Indiana Court of Appeals ruled Thursday.
Justices deny ACLU petition to release inmates amid COVID-19
Indiana Supreme Court justices have denied a petition from the American Civil Liberties Union of Indiana inviting the high court to engage in emergency rulemaking to facilitate the release of Hoosier inmates at risk for contracting COVID-19.
Clinton Superior judge to return to bench after military deployment
The judge of the Clinton Superior Court will be back on the bench at the courthouse in Frankfort on Monday nearly a year after a senior judge was temporarily appointed to serve in his place while the sitting judge was deployed on military duty.
Fishers attorney gets stayed suspension for professional misconduct
Indiana Supreme Court justices have issued a 60-day stayed suspension for a Fishers attorney who acknowledged he failed to properly represent a client in a divorce case and mishandled another client’s workplace sexual harassment claim.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
COA affirms inventory search, seizure in traffic stop
The Indiana Court of Appeals has affirmed a man’s conviction for possession of marijuana and a handgun, among other things, after concluding the inventory search of his vehicle after a traffic stop was proper.