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Interview: Gorsuch rues loss of civility but mum on Trump

September 9, 2019 | Associated Press

Justice Neil Gorsuch is following the path of Supreme Court colleagues-turned-authors in a new book in which he laments the loss of civility in public discourse. The 52-year-old justice wrote “A Republic, If You Can Keep It” because Americans should remember their political opponents “love this country as much as we do,” Gorsuch said in an interview.

Indiana woman formally charged in stepdaughter’s killing

September 9, 2019 | Associated Press

An Indiana woman who was charged Friday in the strangulation death of her 10-year-old stepdaughter told investigators she “was very angry” when she killed the child and hid her body in a shed, court documents allege. Amanda D. Carmack, 34, was charged with murder and strangulation in Skylea Carmack’s killing.

2 Bloomington men arrested after church vandalized

September 9, 2019 | Associated Press

Two southern Indiana men have been arrested on charges alleging they vandalized a rural church with graffiti including sexual references, satanic symbols and racist comments. Two 25-year-old Bloomington men, Tyler J. Price and Gregory Silvey, have been charged with criminal mischief.

Planned Parenthood reopens Fort Wayne health center

September 9, 2019 | Associated Press

Planned Parenthood has reopened its health center in Indiana’s second-largest city more than a year after the center closed. The Fort Wayne health center reopened Tuesday.

Convicted Indiana sex offender charged with raping Amish woman

September 9, 2019 | Associated Press

An Elkhart man with felony rape and child molestation convictions on his record has been charged with sexually assaulting an Amish woman last month in Marshall County. The Elkhart Truth reports 49-year-old Michael Middaugh is charged with rape, burglary with an armed weapon and criminal confinement.

Justices beef up molester’s sentence slashed in prior appeal

September 6, 2019 | Dave Stafford

A former southern Indiana teacher who repeatedly molested a student from the age of 12 will serve 60 years in prison, the Indiana Supreme Court ruled Friday, discarding an Indiana Court of Appeals ruling that had slashed the man’s sentence from 70 years to 30 years in prison.

 

Opinions Sept. 6, 2019

September 6, 2019

Indiana Court of Appeals
James Witham v. Michael G. Steffan, as Personal Representative of the Estate of Gerald W. Rogers, et al.
18A-TR-2914
Trust. Reverses on interlocutory appeal the dismissal of Witham’s petition to contest a will. The trial court erred in dismissing Witham’s petition with prejudice as wrongfully filed, finding that the trial court instead should have transferred the matter to the appropriate court. Remands with instructions to transfer the case to Lake Superior Court for further proceedings.

 

Fired Elkhart city attorney fails to overcome appointee determination

September 6, 2019 | Marilyn Odendahl

A former Elkhart city attorney who was told she was being fired because the new mayor wanted “to hire my own guy” could not overcome the precedent the Northern Indiana District Court used to determine she was an appointed policymaker and therefore not covered by federal protections.

Appeals court reverses ‘draconian’ dismissal of will challenge

September 6, 2019 | Dave Stafford

Calling a trial court’s dismissal of a relative’s petition to contest a will “draconian,” the Indiana Court of Appeals on Friday reinstated the petition and sent the case back to Lake County to be heard in the superior rather than circuit court.

Divided ruling: Felony reduced to misdemeanor means longer expungement wait

September 6, 2019 | Dave Stafford

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

Applications open for Porter Circuit Court judgeship

September 6, 2019 | IL Staff

The retirement of the longest-serving woman on the Indiana trial court bench will create a vacancy in Porter Circuit Court, and qualified candidates who wish to be considered have another three weeks to make their interests known.

Last of 4 women charged as teens in torture slaying released

September 6, 2019 | Associated Press

The last of four women charged as teenagers with the 1992 torture murder of a southern Indiana 12-year-old has been released from prison.

Man convicted of selling historic bridge for scrap gets prison

September 6, 2019 | Associated Press

A northwestern Indiana scrap-metal dealer convicted of razing a historic railroad bridge and selling the metal has been sentenced to two years in prison.

Indiana man gets 14 years for deadly bus-minivan collision

September 6, 2019 | Associated Press

A southern Indiana man has been sentenced to more than 14 years in prison for a collision between a bus and a minivan that killed three people.

Bipartisan state AGs plan Facebook, Google antitrust probes

September 6, 2019

New York Attorney General Letitia James said a bipartisan coalition of state attorneys general is investigating Facebook for alleged antitrust issues, and published reports indicate a separate investigation will target tech giant Google.

Former longtime Indianapolis Bond Bank employee sentenced to prison for theft

September 5, 2019 | Indianapolis Business Journal Staff

A former Indianapolis Bond Bank employee has been sentenced to 545 days in prison after pleading guilty to two felony counts of theft and agreeing to pay $340,791 in restitution to the bank, the Marion County Prosecutor’s Office announced Wednesday.

 

Opinions Sept. 5, 2019

September 5, 2019

Indiana Court of Appeals
Corey Lamar Winters v. State of Indiana
19A-CR-431
Criminal. Affirms Corey Winters’ conviction in Marion Superior Court of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of .08 or more. Finds there is sufficient evidence to support his conviction.

Indiana’s struggle with insanity defense mirrors coming SCOTUS case

September 5, 2019 | Marilyn Odendahl

A case that split the Indiana Supreme Court last December over a criminal defendant’s mental capacity to appreciate the wrongfulness of her actions dovetails into a larger question looming before the U.S. Supreme Court — whether states have to provide laws that allow for an insanity defense.

Ex-Brownsburg attorney gets 30-month sentence for tax evasion

September 5, 2019 | IL Staff

A former Brownsburg attorney who pleaded guilty to tax evasion earlier this year will spend 2½ years in prison and owes more than $2.4 million to the Internal Revenue Service.

 

OWI conviction upheld for driver snoozing in parked, running car

September 5, 2019 | Katie Stancombe

A man asleep behind the wheel of a parked but running car after a night of drinking couldn’t convince the Indiana Court of Appeals that there was insufficient evidence to prove he had been operating the vehicle.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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