Bar passage rate improves slightly post-appeal
Following the appeals process, the overall pass rate for the July 2019 Indiana bar exam has risen to 3 percentage points to 65%, a repeat of the pre- and post-appeal pass rates for the July 2018 exam.
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ILS joins effort to block Indiana’s Medicaid work requirements
A lawsuit challenging Indiana’s work requirements for Medicaid recipients, which according to the state’s own estimates would result in roughly 24,000 people losing health care coverage each year, was filed in federal court Monday.
Reversal: Homeowner cannot withhold HOA fees in protest
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.
Law enforcement dog attacks woman being helped by deputy
Authorities say a law enforcement dog attacked a woman who was being helped by a sheriff’s deputy after she fell off a motorcycle in Alexandria.
Man’s family sues police over his suicide at Indiana jail
The family of a man who took his own life in the Howard County Jail in Kokomo is suing local police, alleging his death was avoidable.
Suspended lawyer facing theft counts in 4 counties wanted again
The suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and special-needs clients is again facing a warrant for his arrest, this time for failing to appear as ordered at a hearing in one of the multiple felony theft cases he faces.
Trump ordered aid frozen; more Democrats want impeachment
President Donald Trump ordered his staff to freeze nearly $400 million in aid to Ukraine a few days before a phone call in which he pressured the eastern European nation’s leader to investigate the family of political rival Joe Biden, a revelation that comes as more Democrats move toward impeachment proceedings.
Opinions Sept. 23, 2019
The following opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.
Proper forum for dispute is tax court, not bankruptcy
A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.
Attorney discipline hearing stemming from Park Tudor scandal begins
The disciplinary hearing against a prominent Ice Miller employment attorney who represented the Park Tudor School during a sex scandal involving the boys basketball coach began Monday, when the Indiana Supreme Court Disciplinary Commission began the administrative prosecution.
COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
Police arrest Gary council leader over firing shots at teens
Police in northwestern Indiana have arrested the Gary City Council president on allegations he fired a gun at two teenagers he suspected of stealing his car and taking one of them back to Gary.
Indiana Lawyer’s Covington collects Judges Association Media Award
| IL Staff
Indiana Lawyer managing editor Olivia Covington was awarded the Indiana Judges Association’s Media Award for her coverage of Indiana’s problem-solving courts.
Curry to resign as Marion County prosecutor
Marion County Prosecutor Terry Curry will resign from office due to health concerns, his office announced in a statement today.
Ex-Portage mayor fighting federal convictions
A former northwestern Indiana mayor is continuing to fight the bribery and tax obstruction convictions that forced him from office earlier this year.
Porter County to offer genetic tests for juvenile offenders
The juvenile court for northwestern Indiana’s Porter County is partnering with a laboratory to offer genetic testing for young offenders to help see what psychiatric medications might help them.
Justices order new drunken driving trial after possible juror bias
A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.
Opinions Sept. 20, 2019
Indiana Court of Appeals
T.R. v. E.R.
19A-DC-89
Domestic relations. Affirms the Marion Superior Court’s decree of dissolution of T.R. and E.R.’s marriage. Remands with instructions to clarify the order regarding the domestic violence program, psychological evaluation and mother’s income, and to recalculate child support if necessary.
State lawmaker accused of defamation, slander
A former candidate for Marion County Sheriff is accusing a state lawmaker of defamation and slander for comments the legislator made in a committee hearing earlier this year.
Justices to hear sales rep’s nonsolicitation dispute with ex-employer
| IL Staff
Indiana Supreme Court justices will hear oral argument next week in a dispute between a medical components company and one of its former employees after several other former employees left the company to take sales positions together elsewhere.