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Stevens praised as ‘brilliant man’ at Supreme Court ceremony

July 22, 2019 | Associated Press

Retired Supreme Court Justice John Paul Stevens was remembered as a “brilliant man” with a “deep devotion to the rule of law” during a ceremony Monday at the court where he served for nearly 35 years.

Equifax to pay up to $700M in data breach settlement

July 22, 2019 | Associated Press and IL Staff

Equifax will pay up to $700 million to settle with the U.S. and states over a 2017 data breach that exposed Social Security numbers and other private information of nearly 150 million people. The settlement with the U.S. Consumer Financial Protection Bureau and the Federal Trade Commission, as well as 48 states and the District of Columbia and Puerto Rico, would provide up to $425 million in monetary relief to consumers, a $100 million civil money penalty, and other relief.

Mother: Indiana family will sue cruise company over toddler’s death

July 22, 2019 | Associated Press

There are “a million things” the cruise company could have done to prevent the death of an 18-month-old Indiana girl who fell to her death from an open window on a cruise ship in Puerto Rico, the toddler’s mother said in an interview broadcast Monday. Speaking publicly for the first time since Chloe Wiegand died, her mother, Kimberley Wiegand, told NBC’s “Today ” show that her family will sue Royal Caribbean Cruises for “not having a safer situation on the 11th floor of that cruise ship.”

South Bend police to get body camera upgrades after shooting

July 22, 2019 | Associated Press

The Indiana city where Democratic presidential candidate Pete Buttigieg is mayor is updating its police officers’ body camera technology following the recent fatal police shooting of a black man. The technology upgrades will mean officers’ body cameras can be activated manually or automatically when a squad car door is opened.

Alleged drug ring leader’s trial moved to Evansville

July 22, 2019 | Associated Press

Richard Grundy III and four co-defendants first stood trial July 8 in Indianapolis on federal drug trafficking charges, but a mistrial was declared July 10 after a court order concerning jurors’ personal information was violated. Court documents show Grundy will now stand trial July 29 at the U.S. district court in Evansville.

Indiana woman gets 6 years for role in death of son, 2

July 22, 2019 | Associated Press

A Fort Wayne woman has been sentenced to six years in prison on neglect charges stemming from her 2-year-old son’s beating death. Amber V. Garrett, 27, was sentenced Friday after pleading guilty in June to two felony neglect counts involving her son and daughter.

Man arrested after 8 arsons in Indianapolis since 2014

July 22, 2019 | Associated Press

Authorities say a 40-year-old man has been arrested following eight arson fires since 2014 in Indianapolis. Police say the man is a person of interest in a July 2 fire that appeared suspicious to firefighters at the scene.

Johnson County GOP ready to ‘move on’ after Cooper resignation

July 19, 2019 | Dave Stafford and Olivia Covington

Former Johnson County Prosecutor Bradley Cooper resigned Wednesday after he was sentenced to probation for felony and misdemeanor charges stemming from a March domestic violence incident. His chief deputy is temporarily filling the position, but the county GOP is already making plans to name Cooper’s official successor.

Man’s ‘barely legible’ suit against judge, clerk, DOC staff rightly tossed

July 19, 2019

Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.

Opinions July 19, 2019

July 19, 2019

Indiana Court of Appeals
Ryan Baxter v. State of Indiana

18A-CR-2050
Criminal. Affirms Ryan Baxter’s conviction of Level 1 child molesting, finding the Elkhart Superior Court did not err in admitting a medical report, and the victim’s testimony was not incredibly dubious.

Appeals panel rejects man’s challenge of child molestation conviction

July 19, 2019

A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.

Upcoming legal chess tournament sparks competition, promotes family connection

July 19, 2019

In a family friendly competition pitting plaintiffs' attorneys against defense attorneys, two Indianapolis law firms have come together to host a chess tournament to raise funds for civic education. The We the People White Knight Chess Tournament will take place at 2 p.m. Oct. 26, but registration is already open.

Duke Energy sued for 2014 coal ash spill environmental harm

July 19, 2019

The federal, North Carolina and Virginia governments asked a court Thursday to declare the country’s largest electricity company liable for environmental damage from a leak five years ago that left miles of a river shared by the two states coated in hazardous coal ash.

Ex-IUPUI volleyball coach gets probation for child porn

July 19, 2019 | Associated Press

A former college volleyball coach from Indianapolis has been sentenced to probation after pleading guilty to possessing sexually explicit images and videos of young girls. A Marion County judge recently sentenced Steven Payne to four years of probation and barred him from having internet access at home or work.

9/26-27 – Hot Topics for Indiana Lawyers (Fort Wayne)

Click here for program details. Date: Thursday, September 26 – Friday, September 27, 2019 Time: 8:30 am – 4:30 pm (each day) Credit hours: 12.0 CLE / 2.0 Ethics / 1 CME Cost:  $400 Allen County Bar Association member $600 non-member Location: Allen County Bar Association, 924 South Calhoun St., Fort Wayne 46802 Provider: Allen County Bar […]

9/26-27 – Annual Indiana Law Survey (Indianapolis)

Program Chairs:   – Justice Steven H. David, Indiana Supreme Court   – Judge Cale J. Bradford, Indiana Court of Appeals  Go to www.hoosiercle.org for full agenda and additional details. Date: Thursday, September 26 – Friday, September 27, 2019 Time (local time): 8:30 am – 4:00 pm (each day) Credit hours: 12.0 CLE / 2.0 Ethics Cost: $375 Click […]

Stevens’ body to lie in repose at Supreme Court on Monday

July 19, 2019

The Supreme Court says the body of former Justice John Paul Stevens will lie in repose at the court on Monday. Stevens died Tuesday at age 99.

$100K bond for trucker in deadly Indiana crash

July 19, 2019

A judge has set a $100,000 bond for a Missouri truck driver facing felony charges for a highway construction zone crash in Indianapolis that killed a woman and her 18-month-old twin daughters.

2nd man sentenced in fatal southern Indiana gun shop robbery

July 19, 2019

An Indianapolis man has been sentenced to 30 years in federal prison for his role in the robbery and fatal shooting of a southern Indiana gun shop owner. A judge ordered the sentence Thursday after 24-year-old Darion Harris pleaded guilty.

Opinions July 18, 2019

July 18, 2019

7th Circuit Court of Appeals
USA v. Joshua Herman

18-3057
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division.
Senior Judge James T. Moody.
Criminal. Majority led by Chief Judge Diane Wood denies en banc review, reverses and remands for resentencing of Joshua Herman on a charge of felon in possession of a firearm. Holds that the act of pointing a gun and ordering someone still, by itself, is not “physical restraint” under federal sentencing guidelines. Judges Joel Flaum and Michael Kanne dissent and would grant en banc review, and would find that the action of pointing a gun and ordering compliance is physical restraint. Judge William Bauer would affirm Herman’s 10-year sentence, with the physical restraint enhancement, for the reasons spelled out in Flaum’s dissent. Noting a now 5-4 circuit split on the conflicting views on the meaning of U.S.S.G. § 2B3.1(b)(4)(B), orders the Clerk of Court to send this opinion to the U.S. Sentencing Commission for its consideration.

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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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