A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
The Indiana appeals court is set to take up former Secretary of State Charlie White's fight to overturn the voter fraud conviction that forced him from office.
The defense attorney for the oldest son of rock star John Mellencamp says she is seeking a pretrial hearing but no agreement has been reached for him to plead guilty to charges that he badly beat a man.
Because of a human error, the Indiana Supreme Court accidently sent an email intended for a small group of attorneys to thousands of attorneys through its notification system.
Indiana Court of Appeals
Terry L. LaCroix v. State of Indiana (NFP)
35A05-1404-CR-196
Criminal. Affirms convictions of four counts of Class A felony child molesting, but revises his sentence to concurrent 40-year terms with 35 years executed and five years suspended to probation on all counts.
Richard Edwards v. State of Indiana (NFP)
49A02-1403-CR-195
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Clay Michael Howard v. State of Indiana (NFP)
79A02-1403-CR-202
Criminal. Affirms denial of motion to withdraw guilty plea, but reverses sentence in part and remands for revision. It was erroneous to impose one year of home detention in excess of the executed portion of the term because it contravened the terms of the plea agreement.
Jonathan Maynard v. State of Indiana (NFP)
32A01-1405-CR-205
Criminal. Reverses convictions of Class C felony attempted child molesting and Class B misdemeanor battery and remands with instructions to vacate them based on double jeopardy violations. Affirms conviction of Class C felony child molesting.
Calvin Sarver v. State of Indiana (NFP)
29A02-1407-CR-504
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Mark Robinson v. State of Indiana (NFP)
49A02-1402-CR-122
Criminal. Affirms conviction of Class D felony theft.
Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
32A05-1403-MI-148
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.
An inmate convicted in the 1993 robbery and shooting death of a Ball State University student is seeking an early release from prison.
Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.
The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.
Marion Superior Juvenile Judge Marilyn Moores gave her colleagues several colorful expressions of her exasperation with the continuing rise in Child in Need of Services cases at the court’s executive committee meeting Friday.
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
Indiana Court of Appeals
De'Carlos Freeman v. State of Indiana (NFP)
20A05-1310-PC-547
Post conviction. Affirms denial of petition for post-conviction relief.
Dwayne Carter v. State of Indiana (NFP)
41A01-1401-CR-3
Criminal. Affirms convictions and sentence for two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, two counts of Class D felony dissemination of matter harmful to minors and one count of Class D felony possession of child pornography.
Lawrence Dean v. State of Indiana (NFP)
89A05-1401-CR-9
Criminal. Affirms three convictions of Class C felony child molesting.
Indiana Supreme Court
In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
45S03-1406-AD-387
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.
Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.