Indianapolis SmithAmundsen managing partner Stitle named COO
Stephen Stitle, managing partner of the Indianapolis office of SmithAmundsen LLC, has been named chief operating officer over the entire Midwest regional law firm.
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Ethanol producer blames Cloverdale plant closure on Trump EPA
The owner of a western Indiana ethanol plant is blaming its shutdown on the Trump administration allowing some refineries to not blend ethanol with gasoline as required under federal law.
State probe finds company partly responsible for employee’s death
A state agency says a northern Indiana company was partly responsible for the death of a 43-year-old employee who was killed when welding equipment fell from a forklift.
Mistrial declared for man accused of murder, eating ex’s body parts
A judge in Jeffersonville has declared a mistrial for a southern Indiana man accused of killing his ex-girlfriend and eating parts of her body. Jurors who had been selected from Hamilton County north of Indianapolis have been dismissed.
Opinions Aug. 22, 2019
7th Circuit Court of Appeals
Whole Woman’s Health Alliance, et al. v. Curtis T. Hill, Jr., et al.
19-2051
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the Indiana Southern District Court’s issuance of a preliminary injunction on behalf of Whole Woman’s Health Alliance, as modified in accordance with the 7th Circuit Court of Appeals’ opinion. Finds the Alliance has shown a likelihood of success on the merits of its undue burden challenge. Also finds no clear error in the district court’s conclusion that Indiana did not give Alliance’s licensing application “a fair shake.”
COA takes declaratory judgment case to Greensburg high school
| IL Staff
An Indiana Court of Appeals panel is set to hit the road Friday to hear oral arguments in a case involving unpaid rent for a leased property used to house minimum security prisoners in Madison County.
Director hired to oversee administrative law judges
| IL Staff
Matthew A. Brown, deputy director of operations at the State Personnel Department, has been selected to serve as the first director of the new Office of Administrative Law Proceedings. He will start in his new role Sept. 1.
Attorney ordered to pay nonprofit $76K in fees after losing copyright case
An Indiana-based nonprofit that works to reduce instances of sexual assault has been awarded more than $76,000 in fees and costs as the prevailing party in a copyright case brought by a Hoosier attorney known for copyright litigation.
South Bend abortion clinic can open, but only as ‘provisionally licensed’
A preliminary injunction issued to allow the doors of a South Bend abortion clinic to open has been affirmed by the 7th Circuit Court of Appeals, but the appellate court narrowed the injunction and struck a compromise between the parties’ dueling views of Indiana’s licensing system.
Judicial Conference seeks comment on proposed rule amendments
| IL Staff
The Judicial Conference Committee on Rules of Practice and Procedure is seeking public comment on proposed amendments to appellate, bankruptcy and civil rules.
SUPREME COURT NOTEBOOK: Gender pronouns part of LGBT fight
Dozens of legal briefs supporting fired funeral director Aimee Stephens at the Supreme Court use “she” and “her” to refer to the transgender woman. Decisions about gender pronouns may seem minor, but they appear to reflect the larger issues involved in this high-stakes battle over LGBT rights.
Trial begins for Clark County man accused of killing, eating parts of ex
A prosecutor has told jurors that a southern Indiana man accused of killing his ex-girlfriend and eating parts of her body told police he had gone to her home “to talk some sense into her” after a breakup days earlier.
Church: First Amendment protects decision to fire gay Indianapolis teacher
| Associated Press and IL Staff
Catholic church leaders in Indianapolis are citing the First Amendment as a defense to a lawsuit filed by a teacher who was fired because he’s in a same-sex marriage.
Opinions Aug. 21, 2019
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
USA v. Curtis L. Johnson
18-2350
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. District Judge Michael J. Reagan.
Criminal. Dismisses Curtis Johnson’s appeal of his 21-month sentence for conviction of wire fraud and upholds the appeal waiver in his guilty plea agreement. Finds no fundamental error and that Johnson’s circumstances do not present a due process exception to the rule that most written appeal waivers are effective. Concludes Johnson does not fall outside of the limits to an appeal waiver.
Justices grant transfer, allow PCR case from second appeal
A man convicted of murder may proceed in his second pursuit of post-conviction relief now that the Indiana Supreme Court has concluded his petition addressed only the grounds arising from his second appeal and was therefore not considered a second or successive petition.
COA cautions about sending fetal remains to jury deliberations
Arguments about whether aborted fetal remains from a child molesting case were improperly provided to a jury for consideration and stored in the jury room refrigerator during deliberations were settled by an appellate court Wednesday.
Court tosses ex-Fishers executive’s wire fraud appeal
A man who pleaded guilty to fraudulently wiring money from his Fishers employer to his personal bank account couldn’t convince the 7th Circuit Court of Appeals that his circumstances presented a due process exception to the rule that most written appeal waivers are effective.
Rush reappointed with unanimous support from JNC, justices
Indiana Chief Justice Loretta Rush will serve a second term as head of the Hoosier judiciary after a unanimous reappointment vote Wednesday from the Judicial Nominating Commission.
Psych exam ordered for man accused of firing gun at VA hospital
A federal judge has ordered a mental health evaluation for an Indianapolis man accused of opening fire at a Chicago veterans hospital earlier this month.
Not a ‘tattooed guy’: Larry Bird wants mural changed
Larry Bird likes the mural but not the tatts. A lawyer for the former NBA star has asked an artist to remove certain tattoos from a large painting of Bird on an Indianapolis multi-family residence. The tattoos include two rabbits mating on his right arm and a spider web on a shoulder.