Fired Hamilton County magistrate judge pleads not guilty to meth charge
A fired suburban Indianapolis magistrate judge has pleaded not guilty to felony possession of methamphetamine.
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Attorney charged with intimidation gets disability suspension
An attorney who was suspended from the practice of law earlier this year for telling a Marion County court that someone was “going to die” has been suspended from practicing law effective immediately due to disability.
Opinions May 15, 2019
The following 7th Circuit Court opinions were posted after IL deadline Tuesday.
Anthony Gant v. Daniel Hartman
18-1287
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Dismisses Daniel Hartman’s appeal of the denial of his motion for summary judgment. Finds the appellate court lacks jurisdiction because Hartman’s appellate argument relies on disputed facts and he has not presented sufficient evidence to “utterly discredit” the district court’s findings.
COA rejects covered bridge arsonist’s insanity defense
A man who set two Indiana covered bridges ablaze and almost burned down a third lost his insanity defense appeal after the Indiana Court of Appeals concluded he was legally sane at the time of the crimes.
7th Circuit lets Fort Wayne police shooting case proceed
The 7th Circuit Court of Appeals declined to end an excessive force lawsuit against a Fort Wayne police officer, finding a review of the video of the shooting and arrest does not “utterly discredit” the plaintiff’s contentions that he was shot while trying to comply or did not have to respond to the officer’s commands.
Title IX investigation ends with IU Maurer professor’s departure
When Ian Samuel returned to Twitter on Friday after a nearly six-month absence, he posted his letter of resignation, announcing his decision to leave Indiana University Maurer School of Law.
Fresh feud: Hill says Curry can’t hire city attorney in abortion case
A lawsuit challenging an Indiana abortion law has once again led to a public dispute between Indiana Attorney General Curtis Hill and Marion County Prosecutor Terry Curry.
Justices reject marijuana ‘pursuit of happiness’ appeal
The state’s high court will not partake in arguments that laws criminalizing marijuana violated a man’s right to the pursuit of happiness, snuffing out his challenge to Indiana’s pot prohibition.
CHINS case dismissed for untimely fact-finding hearing
A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.
Reversal: Wife’s protective order against husband lacks evidence
There wasn’t enough evidence to prove a woman in the middle of a divorce need a protective order, the Indiana Court of Appeals ruled, finding there was no evidence her husband was stalking her.
Feds award Indiana $1.2M for opioid response in rural areas
A federal agency has awarded Indiana $1.2 million to further the state’s efforts to fight the opioid epidemic in rural areas.
Indiana man gets prison for threatening abortion clinics
A northwestern Indiana man who pleaded guilty to federal charges alleging he sent threatening messages to two Chicago-area abortion clinics has been sentenced to 1½ years in prison.
Criminal probe opened into veterans agency mismanagement
A criminal investigation has been opened into mismanagement at the Indiana Department of Veterans’ Affairs.
Ex-Sen. Lugar hailed as peacemaker ahead of Indiana funeral
Longtime U.S. Sen. Richard Lugar was hailed for being a peacemaker as a two-day tribute began Tuesday with a military honor guard leading his flag-draped casket into the Indiana Statehouse Rotunda.
Opinions May 14, 2019
Indiana Court of Appeals
Mark Adrian Hughes v. State of Indiana (mem. dec.)
18A-CR-1007
Criminal. Reverses Mark Hughes’ convictions of two counts of Level 5 felony burglary and two counts of Level 6 felony theft, and the finding that he is a habitual offender. Finds nothing “so strikingly similar or unique” about the circumstances of the burglary as to constitute a signature crime. Also finds Hughes’ prior burglary convictions were not admissible to prove identity or plan and served only to establish a propensity to commit burglary. Finally, finds the admission of evidence relating to Hughes’ prior burglary convictions affected his substantial rights. Remands for a new trial.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths Tuesday, they were reminded that just as they needed to achieve this success, they will continue through their careers to need a little help from their friends. The 120 individuals who passed the February 2019 Indiana Bar Exam were admitted to the Indiana Supreme Court as well as the Northern and Southern Indiana District Courts.
Web Exclusive: Supported decision making makes strides
After three years of collaboration and research, efforts to create more options of independence for Hoosiers who face the confines of a guardianship have come to fruition. Those new options include legal recognition of supported decision making.
Tax Court affirms calculated property tax cap on Kokomo property
The Indiana Tax Court has affirmed the property tax liability assessed against a Howard County urban development company, finding issue with the company’s argument concerning Indiana’s definition of gross assessed value.
Justices to hear murdered student’s wrongful death, denied TPR cases
More than 50 cases were denied transfer last week, but Indiana Supreme Court justices agreed to hear arguments in two cases involving a teen’s murder and a reversed denial to terminate a mother’s parental rights.
IndyBar: Navigating Records Requests Under Indiana’s Access to Public Records Act
The Indianapolis Bar Association’s recent CLE, An Introduction to Using and Refusing under Indiana’s Access to Public Records Act, was a valuable primer on the state’s version of the Freedom of Information Act. The program was a presentation of the E-Discovery, Information Governance & Cybersecurity Section. There are some similarities, but more differences between discovery requests and public records requests.