AG Hill says extended stop arms are OK for school buses
Indiana’s attorney general says the state’s school districts are free to use extended stop arms to prevent other vehicles from passing school buses.
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Man’s 17½-year sentence upheld for dealing meth
A sentence of 17½ years for a man convicted of dealing methamphetamine has been upheld, after the Indiana Court of Appeals found he was dealing in amounts “well above the statutory requirement.”
Bail increase for defendant not transported from jailed reversed
The Indiana Court of Appeals has determined a man is not at fault for failing to appear in court due to his incarceration for another crime. It also found the trial court abused its discretion by setting an additional bail for him without having been requested to do so.
Justices amend guidelines for nonlawyer assistants
Independent nonlawyer assistants will no longer be permitted to establish direct relationships with clients to provide legal services, the Indiana Supreme Court has ordered.
Supreme Court corrects Interim Commercial Court Rules
The Indiana Supreme Court has amended its recently adopted interim rules for Indiana Commercial Courts after finding a critical mistake resulting from a missing word.
New laws take aim at those who post ‘revenge porn’
Two new Indiana laws are taking aim at people who post intimate images from previous or current relationships online without consent. The laws separately provide criminal charges against those who post “revenge porn” and civil remedies for those victimized by it.
11 counties testing Indiana’s bail bond relief pilot program
Officials in Porter County and 10 other Indiana counties are testing a risk-assessment program to determine whether people who have been arrested should be required to post bail while awaiting trial. The pilot is expected to roll out statewide next year.
Woman faces DWI charge after wrong-way crash into ISP patrol car
A southern Indiana woman is facing a drunken driving charge after she allegedly drove the wrong way on a highway and crashed into a trooper's patrol car.
Opinions July 3, 2019
The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
Emmis Communications Corporation v. Illinois National Insurance Co
18-3392
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses and remands for further proceedings the Southern District Court’s award of summary judgment to Emmis Communication Corp. against Illinois National Insurance Co. Finds correct Illinois National’s proposed interpretation of “as reported” in its insurance policy with Emmis. Concludes summary judgment should have been entered in favor of Illinois National.
Retiring Judge Lawrence honored by Southern District Court
Federal and state judges, magistrate judges, former law clerks, court staff, Indiana Supreme Court justices, legal scholars and attorneys along with extended family crowded into the William E. Steckler Ceremonial Courtroom Tuesday afternoon to honor their friend and colleague, Senior Judge William Lawrence.
COA: Traffic stop resulting in arrest wasn’t unconstitutionally extended
Convictions have been upheld for a man who was driving while suspended after an appellate panel rejected his argument that evidence of his suspension was obtained during an unconstitutional extension of a traffic stop.
Lawsuit filed against unlicensed Porter County midwife
The state of Indiana is suing a Porter County midwife who says she is exempt from state licensing requirements to continue practicing midwifery. A judge, meanwhile, has ordered the midwife to stop delivering babies and attending to expectant mothers.
7th Circuit strips judgment for Emmis, rules for insurer
A federal appeals court reversed a breach-of-contract ruling for media company Emmis Communications Corp. arising from a shareholder dispute. The 7th Circuit Court of Appeals ruled the district court should have found in favor of Emmis’ insurer instead.
Man accused of murder, cannibalism won’t face death penalty
A southern Indiana man accused of killing his ex-girlfriend and eating parts of her body will not face the death penalty if convicted.
Real estate company sues law firm over HHGregg property deal gone awry
A Carmel-based real estate company has filed a lawsuit against Krieg DeVault, alleging the Indianapolis-based law firm’s failure to file a property deed in 2003 in a transaction involving defunct retailer HHGregg could now cost the real estate company millions of dollars.
Business owner accused of bilking investors in tech startup scam
Indianapolis resident David Betner has been charged by the Marion County prosecutor with multiple felonies related to his business enterprise, Darepoint.
US won’t impose rule to protect against coal ash spill costs
The Trump administration said Tuesday that it won’t require electric utilities to show they have money to clean up hazardous spills from power plants despite a history of toxic coal ash releases contaminating rivers and aquifers.
Trump insists he’s not dropping census citizenship question effort
President Donald Trump is insisting that he is not dropping efforts to include a citizenship question on the upcoming 2020 census, even as the U.S. Census Bureau has started the process of printing the questionnaire without the controversial query.
Opinions July 2, 2019
Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)
18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.
Opinions July 2, 2019
Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)
18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.