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Opinions April 4, 2019

April 4, 2019

Indiana Court of Appeals
Sidney A. Berry v. State of Indiana

18A-CR-1769
Criminal. Affirms the denial of Sidney Berry’s motion to suppress evidence. Finds Detective Marc Deshaies had sufficient basis under both the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution to perform a safety pat-down of Berry.

Gun bill to close gap in ‘red flag law’ passes Senate committee

April 4, 2019

A bill that would allow Indiana law enforcement to prevent people who are deemed dangerous from purchasing a firearm pursuant to the state’s “red flag law” passed after an hours-long committee hearing Wednesday.

COA upholds UIM benefits less than liability coverage

April 4, 2019

The Indiana Court of Appeals affirmed a grant of judgment to an insurance company despite a man’s contentions of error in allowing the policy’s coverage of underinsured motorist benefits to be less than its underlying liability coverage.

Second man’s murder conviction upheld in tax preparer killing

April 4, 2019

Convictions and a decades-long sentence for a man who helped his father murder and rob an Indianapolis tax preparer were affirmed Thursday by the Indiana Court of Appeals.

Emmert: Court ruling reinforces NCAA athletes not employees

April 4, 2019

Indianapolis-based NCAA President Mark Emmert says a judge’s recent ruling in a federal antitrust lawsuit again reinforced that college athletes should be treated as students not employees.

COA rules weapons search that revealed drugs constitutional

April 4, 2019

An Allen County drug possession trial will proceed with evidence obtained from a pat-down search after the Indiana Court of Appeals determined the search was constitutional.

Northern District Bankruptcy Court to transition to NextGen CM/ECF

April 4, 2019

In a few short months, the U.S. Bankruptcy Court for the Northern District of Indiana will upgrade its current case management and electronic filing system to the next generation of CM/ECF.

Same-sex birth certificate case stalls at 7th Circuit, putting families in limbo

April 4, 2019

Both Jackie Phillips-Stackman and her wife, Lisa, carry copies of their daughter’s birth certificate with them wherever they go as they wait for the 7th Circuit Court of Appeals to issue an opinion that they fear could upend their family.

Person shot, wounded by SWAT team serving warrant

April 4, 2019

Authorities say a person has been shot and wounded after firing a gun at a SWAT team that was trying to serve a felony warrant in west central Indiana.

Holcomb signs hate crimes measure into law

April 4, 2019

Indiana Gov. Eric Holcomb signed legislation Wednesday aimed at getting Indiana off a list of five states without a hate crimes law, saying that the state has “made progress and taken a strong stand against targeted violence.”

State lawmakers working to close loophole in online sales, hotel taxes

April 4, 2019

Indiana is one step closer to closing what lawmakers describe as a loophole in online sales and hotel tax collection.

Opinions April 3, 2019

April 3, 2019

Indiana Court of Appeals
Ismael Alicea v. Ronald Brown

18A-CT-2495
Civil tort. Reverses the grant of partial summary judgment in favor of Ronald Brown on Ismael Alicea’s claim for punitive damages. Finds Brown has not sustained his burden to affirmatively negate an element of Alicea’s punitive damages claim. Also finds the Porter Superior Court erred in granting partial summary judgment in favor of Brown on that claim. Remands for further proceedings.

AG Hill: Argument for ethics hearing panel ‘fatally flawed’

April 3, 2019

The briefing battle between Indiana Attorney General Curtis Hill and the Supreme Court Disciplinary Commission has continued this week, with Hill arguing in new court filings that the commission’s attempts to convince the Supreme Court to proceed with the case consist of bootstrapping, red herrings and fatal flaws.

COA reverses civil ruling for alleged drunken driver

April 3, 2019

The victim of an alleged drunken driving accident will have the opportunity to seek punitive damages after the Indiana Court of Appeals determined summary judgment for the allegedly drunken driver was not appropriate.

Howard County magistrate, other judicial aid bills advance

April 3, 2019

A bill requesting an additional magistrate judge to handle an increasing number of cases filed in Howard County was approved by the full Senate on Monday. That bill now joins several other counties’ similar requests for judicial help making their way to the governor’s desk.

Theft of public funds bill awaits Holcomb’s signature

April 3, 2019

Communities seeking restitution from public servants who personally profited from taxpayer dollars might have a new way to recoup stolen funds.

IU McKinney Dean Klein to step down in 2020

April 3, 2019

Andrew Klein, who has led the Indiana University Robert H. McKinney School of Law since July 2013, has announced he will be stepping down as dean in June of 2020. He confirmed his decision in a recent email to faculty members, saying he considered it a “privilege to work with each and every one of you.

Indiana Senate OKs expanded religious objection to abortion

April 3, 2019

The Indiana Senate has approved legislation allowing nurses, physician assistants and pharmacists to object on religious or other grounds to having any role in an abortion.

Indiana Senate OKs second-trimester abortion procedure ban

April 3, 2019

The Indiana Senate has approved legislation that would largely ban a common second-trimester abortion procedure — a proposal that if signed into law by Gov. Eric Holcomb faces a certain challenge in federal court.

Indiana Senate votes to send controversial hate crimes bill to governor

April 3, 2019

The Indiana Senate adopted the House’s version of a bias crimes bill Tuesday afternoon, sending the legislation to Gov. Eric Holcomb despite complaints from opponents who say the bill isn’t specific enough.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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