Class A felony sentences not inappropriate under Appellate Rule 7(B)
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
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Justices block Schiralli’s Lake County bench transfer
The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.
Bailiff’s communication with juror leads to reversal of convictions
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
COA: Man knowingly pleaded guilty to fraud charge
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
COA rules for first time on retroactivity of Mineral Lapse Act
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
Court reform grant applications due July 1
Courts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the Division of State Court Administration.
Justices rule in favor of Vincennes Girl Scouts in dispute over camp
Indiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
Convenience stores sue to be able to sell cold beer
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
Justices: Punitive damages cap, allocation do not violate Indiana Constitution
The Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.
Father’s testimony at molestation trial not fundamental error
The Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
Man gets 90 years for murder of girlfriend
St. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009. This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
Carr’s formal swearing in as bankruptcy judge Tuesday
The United States District Court for the Southern District of Indiana will hold the investiture ceremony for U.S. Bankruptcy Judge James M. Carr Tuesday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
Justices take commitment case involving man with Alzheimer’s disease
The Indiana Supreme Court will take a case that divided the Court of Appeals: whether a trial court is required to have a man with Alzheimer’s disease committed once an incompetency finding is made.
Former Marion County deputy prosecutor agrees to plead guilty to bribery
The top deputy under former Marion County Prosecutor Carl Brizzi has agreed to plead guilty to a federal charge for his role in the early release of a woman convicted in a murder-for-hire scheme.
Judges tell trial court to declare commissioner’s order void
The Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory hearing.
Court clarifies decision on jury instructions
The Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended that two cases dictated that there was no error by the court.
SCOTUS rules against Indiana farmer in seed patent case
A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
Man’s prior conviction doesn’t render him a career offender
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
State not trying to circumvent adverse ruling in refiling charges
The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.
Denial of post-conviction relief upheld by COA
Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.