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House boosts LSC funding without key Hoosier’s vote

July 1, 2019

The appropriations bill that included a significant boost in funding to the Legal Service Corp. passed through the U.S. House of Representatives without the vote of a key advocate of civil legal aid who said the measure contained too many “poison pills” and was impossible to support.

DCS director claims lawsuit is ‘misleading and harmful’

July 1, 2019

Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.

7th Circuit reinstates student case against Purdue in sexual assault case

July 1, 2019

Finding dismissal was premature, the 7th Circuit Court of Appeals has reinstated a lawsuit against Purdue University brought by a male student accused of sexual assault.

Tax Court reverses denial of Goshen library budget for $60 overage

July 1, 2019

The Indiana Tax court has reversed a decision that cut a Northern Indiana public library’s funding after it was found to be $60 over budget for the 2018 tax year. The tax court ruled the Department of Local Government Finance abused its discretion in its decision.

Indianapolis attorney Bennett ends tenure as Election Commission chair

July 1, 2019

Indianapolis attorney Bryce Bennett, a founding partner with Riley Bennett & Egloff, has resigned as chair of the Indiana Election Commission effective Monday, according to a statement from the firm. Bennett has served two four-year terms under his appointments from Govs. Mitch Daniels, Mike Pence and Eric Holcomb.

Civil forfeiture case back before Indiana justices on SCOTUS remand

July 1, 2019

For the third time in three years, Marion resident Tyson Timbs took his case before a Supreme Court. The man whose name became noted civil forfeiture caselaw said after arguments Friday, “I feel like I stand for something now.”

Decades in prison for man who killed Indianapolis clerk

July 1, 2019

A man who pleaded guilty to killing an Indianapolis store clerk during a robbery in 2014 has been sentenced to 52 years in prison.

Allen County commissioners vote to ban swingers clubs

July 1, 2019

Commissioners in northeastern Indiana’s Allen County have voted to implement rules that would prohibit swingers clubs and other businesses involving live sex acts.

Many new Indiana laws take effect today

July 1, 2019

Several new state laws take effect Monday, from a required high school state government test to allowing wrongfully incarcerated individuals to collect $50,000 a year.

Judge blocks Indiana law banning second-trimester abortion procedure

June 28, 2019

A federal judge late Friday issued an injunction blocking a new Indiana law from taking effect that would have prohibited the most common procedure used to perform second-trimester abortions. Senior Judge Sarah Evans Barker’s 53-page order blocks enactment of House Enrolled Act 1211, which she noted banned “an abortion procedure known to medicine as ‘dilation and evacuation’… and referred to by its political opponents as ‘dismemberment abortion.’” 

Opinions June 28, 2019

June 28, 2019

The following opinions were posted after IL deadline Thursday.
7th Circuit Court of Appeals
Division Six Sports, Inc. v. Finish Line, Incorporated

19-1070
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court’s dismissal of an alleged breach of contract case between Division Six Sports, Inc. and The Finish Line, Inc. for failure to state claim, holding the contract was not in force at the time of the alleged breach. Finds the agreement and its amendments are not ambiguous and the plain language did not provide for any extension after the end of 2013. Finds the district court properly dismissed the action.

Judicial Qualifications Commission moves to suspend judge charged in Indianapolis shooting

June 28, 2019

The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year. The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment.

Attempted murder conviction vacated for double jeopardy violation

June 28, 2019

Though there was sufficient evidence to uphold an attempted murder conviction after a Tippecanoe County driveway shooting, the conviction was nevertheless reversed Friday on double jeopardy grounds.

COA: Evidence sufficient for church intimidation conviction

June 28, 2019

A man’s felony conviction for intimidating members of his former church will stand, but his case has been remanded to clarify he is not permitted to have a firearm during probation.

Man who brutally beat wife loses intimidation, sentence appeal

June 28, 2019

A Fort Wayne man sentenced to 12 years in prison after he broke his divorcing wife’s jaw in a brutal domestic violence assault, in which he also threatened her with a knife, lost his appeal Friday.

COA upholds denial of guilty plea withdraw in attempted murder case

June 28, 2019

Two attempted murder convictions entered in a Brown County court will stand after the Indiana Court of Appeals agreed with a trial court that the offender did not provide a “fair and just reason” to withdraw his guilty pleas.

Reversal: COA enters judgment for providers in med-mal case

June 28, 2019

A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.

Gambler dad not in contempt over horse saddle dispute

June 28, 2019

A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.

7th Circuit: Finish Line, resale company’s breach dispute rightly tossed

June 28, 2019

A shoe resale company couldn’t convince the 7th Circuit Court of Appeals that its contract with Indianapolis-based Finish Line Inc. was breached, or that the language of the parties’ agreement was ambiguous and provided for an extension.

Clark County Judge Adams indicted as result of May 1 shooting

June 28, 2019

Clark Circuit Judge Andrew Adams has been indicted on seven counts and is facing suspension from the practice of law as a result of the May 1 early morning shooting in downtown Indianapolis that left him and Clark Circuit Judge Bradley Jacobs severely injured.

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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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