Decades in prison for man who killed Indianapolis clerk
A man who pleaded guilty to killing an Indianapolis store clerk during a robbery in 2014 has been sentenced to 52 years in prison.
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Allen County commissioners vote to ban swingers clubs
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
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
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
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
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
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
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
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
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
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
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
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
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.
Majority of Indiana justices rule for NIPSCO in rate fight
Asserting in a 3-2 decision that allowing a group of angry industrial ratepayers to prevail could cause the lights to go out and the furnace to switch off, a split Indiana Supreme Court has upheld a utility’s petition to raise customers’ electric bills. The NIPSCO Industrial Group had challenged Northern Indiana Public Service Co.’s second […]
Land sale proceeds ordered released in long-running Bloomington dispute
The Monroe Circuit Court’s latest orders in a real estate dispute dating to 2002 were largely affirmed Friday, but the Indiana Court of Appeals ordered the trial court to release proceeds of a land sale that it had been retaining.
Cass County prosecutor elected to lead IPAC board
A new chair has been chosen to lead the Indiana Prosecuting Attorneys Council’s Board of Directors following an election that took place last week.
Applications being taken for PACER review committee
The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.
Retired Lake County judge certified as senior judge
The Indiana Supreme Court has certified a new senior judge to serve in Indiana courts.
Divided Supreme Court upholds civil forfeiture reimbursement of law enforcement
The practice of diverting civil forfeiture proceeds away from the Common School Fund to reimburse law enforcement costs is constitutional under Article 8, Section 2 of the Indiana Constitution, the Indiana Supreme Court has ruled, answering the longstanding question of whether the constitution requires all forfeiture proceeds to go to the Common School Fund.