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What lawmakers did — and didn’t do — in the 2019 session

May 7, 2019

The 2019 legislative session ended April 24 — five days ahead of the statutory deadline — with hundreds of bills sent to Gov. Eric Holcomb for his consideration. Here’s a look at some of the top issues.

Refusal to hand over Trump’s tax returns sets up legal fight

May 7, 2019

Treasury Secretary Steven Mnuchin has made it official: The administration won’t be turning President Donald Trump’s tax returns over to the Democratic-controlled House. The move, which was expected, is sure to set in motion a legal battle over Trump’s tax returns.

Gary woman agrees to plead guilty in daughter’s shooting death

May 7, 2019

A northwestern Indiana woman has agreed to plead guilty to a reduced neglect charge stemming from her 2-year-old daughter’s shooting death. Dashana Fowler, 22, Gary, agreed Monday to plead guilty to neglect of a dependent resulting in bodily injury in the Sept. 4 death of Jayla Miller.

Police: DNA determines 1972 killer of Indiana student

May 7, 2019

Police say a man just identified as the killer of an Indiana State University student in 1972 was killed in a shootout with police six years later. Terre Haute Police Chief Shawn Keen said Monday that a DNA sample from a son of Jeffrey Lynn Hand was used to connect him to the killing of 19-year-old Pamela Milam. 

Man withdraws effort challenging conviction in Gary officer’s death

May 7, 2019

A man who was sentenced to life in prison without parole for fatally shooting a northwestern Indiana police officer in 2014 has withdrawn his effort to challenge his conviction. Carl Le’Ellis Blount filed a petition last year alleging Lake County prosecutors threatened him to get him to plead guilty to murder in the shooting death of Gary Patrolman Jeffrey Westerfield, but he asked to withdraw his petition in April.

Opinions May 6, 2019

May 6, 2019

Indiana Court of Appeals 
Kirk S Freeman v. Tricia L Thompson 

18A-SC-2718
Small claims. Affirms the Tippecanoe Superior Court’s dismissal of Lafayette attorney Kirk S. Freeman’s defamation complaint against Tippecanoe Superior Court Magistrate Tricia L. Thompson for failure to state a claim upon which relief can be granted. Finds Thompson was acting within her judicial capacity when she reported Tippecanoe County courthouse law enforcement that Freeman possessed a firearm inside the courthouse in violation of state law and local ordinances and is, thus, immune from Freeman’s allegation that she defamed him in making the report.

COA reverses med-mal ruling in favor of doctor, hospital

May 6, 2019

The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.

Indiana’s abortion ultrasound petition listed at U.S. Supreme Court

May 6, 2019

While the U.S. Supreme Court is still considering Indiana’s petition for a review of two abortion laws blocked by the lower courts, another abortion petition from the Hoosier state has been listed for the justices’ May 9 conference. Indiana filed a writ of certiorari Feb. 4, asking the Supreme Court to uphold its law requiring an ultrasound be performed on women seeking an abortion at least 18 hours before the procedure.

Man’s failure to wear hardhat didn’t cause tree cutting injury, 7th Circuit rules

May 6, 2019

A man who was nearly killed in a tree cutting accident successfully appealed his negligence claims to the 7th Circuit Court of Appeals, which found error with the admission of evidence that he was not wearing certain safety equipment at the time of the incident.

Dismissal of lawyer’s defamation suit against magistrate affirmed

May 6, 2019

A Lafayette attorney alleging a Tippecanoe County magistrate defamed him by reporting he was carrying a firearm in court in violation of state law lost his appeal of the dismissal of his defamation case when the Indiana Court of Appeals concluded the magistrate was acting within her judicial capacity.

Law Class of 2018 sees uptick in employment

May 6, 2019

More than 80 percent of the 2018 graduates from Indiana University Maurer School of Law and Notre Dame Law School were employed in a full-time, long-term bar passage required or J.D. advantage jobs roughly 10 months after finishing their studies, according to statistics from the American Bar Association.

Named partner files to dissolve divorce firm Hollingsworth & Zivitz

May 6, 2019

A failed mediation attempt has led to court proceedings to dissolve a prominent Indianapolis-area divorce law firm. Kena Hollingsworth of Hollingsworth & Zivitz, P.C., filed a petition for dissolution of her Carmel firm in Kena S. Hollingsworth v. Hollingsworth & Zivitz, P.C., and Christina M. Zivitz, 29D02-1904-PL-003832, writing that a “deadlock” exists between her and partner Christina Zivitz over the management of the firm.

Double murder-robbery convict avoids life sentence

May 6, 2019

A 24-year-old Evansville man convicted of two counts each of murder and robbery for killing two people has avoided a life sentence but still could spend his remaining years in prison. Tippecanoe Superior Judge Randy Williams ruled Friday a life sentence for Deshay Hackner would contradict the penal system’s goals of rehabilitation.

Lugar funeral to be held May 15 at Indianapolis church

May 6, 2019

The funeral for former U.S. Sen. Richard Lugar will be held at 1 p.m. May 15 at St. Luke’s United Methodist Church in Indianapolis. The six-term senator, who served as a lay elder at the north side Indianapolis church, died April 28 at age 87.

Indianapolis police seek 2 suspects in judges’ shootings

May 6, 2019

Indianapolis police say they have two suspects they’re searching for in connection with the shootings of two southern Indiana judges attending a judicial conference in Indiana’s capital. Police on Friday released surveillance video showing the two suspects getting out of an SUV outside a downtown restaurant where the shootings of Clark Circuit Judges Bradley Jacobs and Andrew Adams occurred early Wednesday.

Canadian truck driver faces 2 infractions in Indiana crash that killed 2 kids

May 6, 2019

Western Indiana authorities have filed two civil infractions against a Canadian semitrailer driver for a 2017 crash that killed two children. Amritpal Singh of Quebec, Canada, is accused of following too closely and driving too fast for the conditions.

Both wounded judges now in stable condition

May 3, 2019

Both Clark County judges wounded in a downtown Indianapolis shooting early Wednesday morning are now in stable condition. Clark Circuit Judges Andrew Adams and Bradley Jacobs remain hospitalized after being shot in the parking lot of a downtown Indianapolis White Castle around 3:30 a.m. Wednesday.

Opinions May 3, 2019

May 3, 2019

Indiana Court of Appeals 
Mark E. Thevenot v. State of Indiana

18A-CR-546
Criminal. Affirms Mark Thevenot’s convictions for Level 5 felony domestic battery and Level 6 felony criminal confinement. Finds the Jefferson Circuit Court did not abuse its discretion in admitting evidence or by permitting the prosecutor to quote caselaw during closing argument. 

Tariffs, CFIUS and Brexit bring uncertainty to M&A transactions

May 3, 2019

Stricter regulations on foreign investments coupled with the imposition of tariffs on imported goods and the continuing drama surrounding the United Kingdom’s struggle to leave the European Union are creating new hurdles and headaches for attorneys helping client businesses through a merger or acquisition.  

Fatal shooting of man by Clarksville officer ruled justified

May 3, 2019

A prosecutor has decided that the fatal shooting of a southern Indiana man by a police officer after the man refused to drop a gun was justified. Clark County Prosecutor Jeremy Mull reviewed the investigation from Indiana State Police and determined no charges would be filed in the death of 43-year-old Max David Helton of Clarksville.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Former Johnson County judge suspended after being found guilty of OWI 

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