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.
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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.
Opinions June 27, 2019
Indiana Supreme Court
Michael Hodges v. State of Indiana
19S-MI-117
Miscellaneous. Affirms the turnover of cash seized from a parcel shipped by Michael Hodges and intercepted by an interdiction officer. Finds the totality of the circumstances established the necessary probable cause to believe the money was proceeds of drug trafficking.
Justices: Principal office, not agent location, determines venue
A divided Indiana Supreme Court has determined that an organization’s principal office, not the location of its registered agent, is the appropriate preferred venue. The ruling in similar consolidated medical malpractice cases affirms one trial court and reverses another.
Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases
In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.
COA orders hearing, possible release, for man in custody
Under unusual circumstances, the Indiana Court of Appeals is asking the state to explain why a man is in custody after a chain of events stemming from charges upon which he has not been arrested.
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Justices allow seizure, turnover of $60K in alleged drug money
The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.
Teen convicted of murder wins resentencing due to ineffective counsel
A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.
Holcomb appoints new Lake Superior Judge
Indiana Gov. Eric Holcomb has announced the appointment of a magistrate judge to fill a trial court vacancy in Lake County.
AG candidate calls for ‘principled, conservative’ leadership
The first candidate to announce for the Republican nomination for Indiana attorney general in the 2020 race is touting his private sector experience and is calling for “principled, conservative leadership” in the Office of the Attorney General.
Split 4 ways, justices OK warrantless blood draw for unconscious driver
The U.S. Supreme Court has ruled in a plurality decision that law enforcement officers can generally draw blood without a warrant from an unconscious person suspected of driving drunk or while on drugs. Concurring and dissenting justices warned the court was establishing cumbersome and difficult guidance for authorities facing such situations.
Judge certifies class action in Henry County Jail overcrowding suit
Current and former inmates at the Henry County Jail will proceed as a class in a federal lawsuit broadly alleging overcrowded, unconstitutional and inhumane conditions at the facility in New Castle.
Supreme Court 5-4 ruling blocks census citizenship question
The Supreme Court of the United States is forbidding President Donald Trump’s administration from adding a citizenship question to the 2020 census for now. The court said the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation.
5-4 Supreme Court won’t block districts drawn for partisan gain
The U.S. Supreme Court has ruled federal courts have no role to play in policing political districts drawn for partisan gain. The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting after the 2020 census.
Opinions June 26, 2019
The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.
IBM awarded post-judgment interest to 2017 in long-running dispute
In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.
Justices uphold $1.3 million judgment for crash victim
A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.