Man accused of strangling mom found incompetent for trial
A judge has ruled a Fort Wayne man who told police that he was possessed by demons and Adolf Hitler when he allegedly strangled his mother isn’t competent to stand trial.
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Opinions Aug. 28, 2019
The following 7th Circuit Court of Appeals decisions were posted after IL deadline Tuesday:
Common Cause Indiana, Indiana State Conference of the National Association for the Advancement of Colored People, and League of Women Voters of Indiana, Inc., v. Connie Lawson, in her official capacity as Secretary of State of Indiana, et al.
18-2491 and 18-2492
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the preliminary injunction blocking Indiana from removing voters from the state’s voter rolls without directly contacting the individuals. Finds Senate Enrolled Act 442, which permitted Indiana to rely solely on the Crosscheck database to purge voters, violated the National Voter Registration Act’s requirement that the state must either confirm with the voter that he or she has moved out of state or, if contact cannot be made, must not remove the name unless the state can show the person did not vote or appear to vote between the time the notification was sent and the date after the second general election for federal office. Judge Michael Brennan writes a concurring opinion that the nonprofits bringing the lawsuits do have standing under Article III.
COA orders sewer dispute to be ‘plunged’ from docket
The Indiana Court of Appeals urged litigants to “move on in good faith” from a case that is a “waste of everyone’s resources” as it handed down its second decision in a nearly 20-year sewer dispute between a northern Indiana town and a local real estate owner.
Divided COA voids casino tax-sharing agreement
A city and county’s agreement to share tax revenue from a southeastern Indiana riverboat casino is void, an Indiana Court of Appeals majority ruled, but a dissenting judge held that the agreement should continue.
COA: 100-year sentence for juvenile not a constitutional violation
A DeKalb County man who as a juvenile pleaded guilty to two murders and was sent to prison for an aggregate 100 years was denied post-conviction relief after the Indiana Court of Appeals found his sentence did not violate constitutional protections against cruel and unusual punishment because he will be eligible for parole in 2040.
COA reinstates car seller’s defamation, breach suit
An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.
7th Circuit upholds firearms convictions, sentence despite evidence error
Though the district court erred in admitting certain evidence without allowing a defendant to cross-examine the related witnesses, the 7th Circuit Court of Appeals still upheld that defendant’s firearms convictions and sentence Tuesday.
Prosecutors want boy, 15, tried as adult in slayings
Prosecutors want to try a 15-year-old Indianapolis boy as an adult in last week’s fatal shootings of two teenage siblings.
Woman freed after murder conviction vacated in 2001 slaying
| Associated Press and IL Staff
An Indiana woman who successfully argued she had ineffective legal counsel at her murder trial for the 2001 slaying of her boyfriend in Lafayette during a sex game has been released.
Ban on Indiana abortion parental notification law upheld
A federal appeals court has upheld an injunction blocking a 2017 Indiana law that would have required parental notification for mature minors seeking an abortion. One member of the three-judge panel dissented, however, and would have allowed the law to take effect.
Reports: OxyContin maker negotiating possible $12B settlement
Purdue Pharma and the thousands of state and local governments suing the maker of OxyContin over the nation’s deadly opioid crisis are negotiating a $10 billion to $12 billion settlement under which the Sackler family would give up ownership of the company, according to published reports.
7th Circuit blocks Indiana voter purge law
A federal appeals court has confirmed that Indiana’s attempt to cleanse its voter rolls by using the controversial Crosscheck database violates the National Voter Registration Act. The ruling upholds a lower court ruling in a suit brought by a national public-interest group.
Opinions Aug. 27, 2019
Indiana Court of Appeals
Pinch-N-Post, LLC v. Verna L. McIntosh
19A-TP-00239
Tax deed. Affirms in part Verna McIntosh’s assertion that a notice sent by Pinch-N-Post, LLC that included the redemption amount for property she owned would have led a reasonable person to conclude that the total redemption amount was far greater than it actually was. However, finds the St. Joseph Circuit Court should have ordered a new redemption period and reverses and remands with instructions to order a new 120-day redemption period, with notice under Indiana Code section 6-1.1-25-4.5 to be given not later than 90 days after the order. Judge Elizabeth Tavitas concurs in part and dissents in part with a separate opinion, and would void the tax sale.
Improper redemption notice divides COA in tax deed case
A divided Indiana Court of Appeals affirmed that the inclusion of an overbid in a tax-sale purchased home’s redemption amount was misleading, but the majority still ultimately offered a second chance for a proper notice to be sent.
Reversal: COA awards Muncie attorney fees for unpaid legal services
A Muncie attorney is set to receive payment owed him by a former municipal client after the Indiana Court of Appeals reversed and remanded a decision that denied his counterclaim for final payment and subjected him to attorney fees.
Mom’s Facebook harassment conviction splits appellate panel
A mother who made threatening social media posts toward a police officer after her son’s death has lost an appeal of her harassment conviction. The Indiana Court of Appeals divided on the sufficiency of evidence supporting her conviction, while a dissenting judge also declared the state’s harassment law “unconstitutionally overbroad and facially invalid because it is susceptible of prohibiting protected expression.”
Survey: Most law school grads say job hunt taking longer than expected
| IL Staff
Recent law school graduates have been surprised to discover that finding work actually takes work, according to results of a survey released Monday. However, other recent surveys have found employment increasing overall for newly minted lawyers.
One of five suspensions lifted for Fort Wayne attorney
| IL Staff
A Fort Wayne attorney’s suspension for noncooperation has been lifted, but Indiana Supreme Court justices say his remaining suspensions in several other cases will remain in effect.
AG Hill to get witness statements; Selby declines to recuse in discipline case
Witness statements collected during the criminal investigation into Indiana Attorney General Curtis Hill must be turned over to the lawyers defending Hill against an attorney disciplinary action, the hearing officer has ruled. Former Justice Myra Selby also declined to recuse herself from Hill’s case over a potential conflict of interest.
Judge rules Miami County must pay for repairs to 6 dams
A judge has ruled that a northern Indiana county must pay for repairs to six aging dams in a lake-filled housing development.