Lawsuits by 3 men allege sex abuse by former Indiana priest
Three men are suing the Catholic Diocese of Lafayette, alleging that a priest molested them as children and that the diocese covered up the abuse.
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Opinions March 25, 2019
Indiana Court of Appeals
Indiana REMS, LLC v. Brock H. Medsker (mem. dec.)
18A-PL-1704
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to Brock Medsker. Finds the trial court erred in granting summary judgment in favor of Medsker on Indiana REMS, LLC’s counterclaim for mutual mistake of fact. Finds genuine issues of material fact remain regarding REMS’ counterclaim for mutual mistake of fact. Remands for further proceedings.
South Bend attorney suspended for noncooperation
The Indiana Supreme Court has suspended a South Bend attorney from the practice of law after previously ordering her to show cause as to why she should not be immediately suspended for noncooperation with a disciplinary investigation against her.
Federal disaster relief discussed at IU McKinney symposium
Where do Hoosiers stand in regard to disaster relief preparedness? An Ice Miller partner posed that question during an environmental symposium hosted by the Indiana University Robert H. McKinney School of Law.
More states consider requiring legal malpractice insurance
As more states move toward requiring attorneys to carry malpractice insurance, opinions on the matter among Hoosier attorneys remain unchanged: Many Indiana lawyers believe purchasing professional liability insurance should not be required to practice law.
Reinstated legal basketball league sees growth, gender diversity
One year after resurrecting a recreational lawyers’ basketball league, organizers are already setting the bar high for future success.
A more skeptical high court to hear redistricting challenge
Last year, proponents of limiting partisan politics in the creation of electoral districts needed to win over Justice Anthony Kennedy. They couldn’t.
Mueller finds no Trump collusion, leaves obstruction open
Special counsel Robert Mueller found no evidence President Donald Trump’s campaign “conspired or coordinated” with Russia to influence the 2016 presidential election but reached no conclusion on whether Trump obstructed justice. That brought a hearty claim of vindication from Trump but set the stage for new rounds of political and legal fighting.
Lawsuit: St. Joseph County sheriff’s office negligent in inmate death
A federal lawsuit accuses a northern Indiana sheriff’s department of negligence after an inmate who allegedly was suffering from drug withdrawal symptoms killed himself.
Parents suing Bartholomew County campground, police in child molestation case
The parents of a boy allegedly molested by a reserve sheriff’s deputy at a southern Indiana campground are suing the campground, police and their reserve program. The lawsuit alleges Larry L. Scott molested a 12-year-old boy while volunteering as a night-time security supervisor at Ceraland Park and Campground.
Opinions March 22, 2019
7th Circuit Court of Appeals
United States of America v. Geraldo Colon
18-1233
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Geraldo Colon’s money laundering convictions and the application of leadership enhancements to his advisory sentencing range. Finds the government’s evidence was sufficient to support the money laundering convictions. Also finds the district court erred in applying leadership enhancements, but those errors were harmless.
Hill, Disciplinary Commission spar over hearing officer appointment
Indiana Attorney General Curtis Hill is hitting back at the lawyer ethics charges filed against him this week, arguing the judicial branch is wading into political waters by possibly disciplining him for allegations of groping four women — claims he says were “unrelated to the practice of law.”
COA: Officer peeking in window acted as Girl Scout would
A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.
Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.
Waiting for the final Mueller report and what happens next
America is waiting for special counsel Robert Mueller’s report. But anyone looking for a grand narrative on President Donald Trump, Russian election interference and all the juicy details uncovered over the past 22 months could end up disappointed.
Bill would make it harder to change gender on Indiana IDs
Indiana residents would face more hurdles changing their gender on driver’s licenses or other credentials issued by the Bureau of Motor Vehicles under changes approved by a House panel.