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Opinions Monday, July 8

Friday’s opinions
Indiana Court of Appeals
Yvonne Malukutila v. State of Indiana (mem. dec.)
18A-CR-2827
Criminal. Affirms Yvonne Malukutila’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated. Also affirms an enhancement for both counts based on her previous conviction of operating a vehicle while intoxicated. Finds Malukutila invited any error by stipulating to the facts in the enhancement phase of her trial without the intervention of a jury. However, remands to the trial court to vacate the conviction on Count II and have the written sentencing order reflect that Count II was merged with Count I and that Count II was vacated.

Billionaire financier Epstein due in court over sex charges

Wealthy financier and registered sex offender Jeffrey Epstein is due in court after his arrest in New York on new underage sex-trafficking charges involving allegations that date to the early 2000s, according to law enforcement officials.

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.

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.

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.

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.

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.