COA to hear denied mistrial, attempted murder arguments in Lake, Wayne counties
The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.
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Indiana Lawyer, IBJ Media move to new Monument Circle office
Indiana Lawyer and parent company IBJ Media have a new home at the heart of the Circle City, relocating to new office space on Monument Circle. IBJ Media’s new offices are located on the third floor of the Indianapolis Power and Light Building.
Lawsuit from ex-St. Mary’s president says she was forced out
The former president of St. Mary’s College who abruptly resigned after two years with the Catholic women’s liberal arts college in northern Indiana has filed a lawsuit alleging she was forced out. The lawsuit says Janice Cervelli resigned last year from the school in South Bend after being pressured to do so by Mary Burke, chair of the Saint Mary’s College Board of Trustees.
Indiana moves toward expanding religious objection to abortion
Indiana lawmakers are moving closer to allowing nurses, physician assistants and pharmacists to object on religious or other grounds to having any role in an abortion. The Indiana House voted 69-25 on Thursday in favor of the legislation, which would expand the statute for medical professionals who don’t want to perform an abortion or participate in any procedure that results in an abortion.
Attorneys share discovery in Elkhart woman’s terror case
Prosecutors have said they are still determining which confidential items they can share with attorneys defending an Indiana woman who is accused of providing tactical gear and funds to two Islamic State fighters. Assistant U.S. Attorney Abizer Zanzi said at a status hearing in federal court Thursday that the government has shared discovery that is not confidential with the attorneys for Samantha Elhassani.
Anderson man gets probation in Indiana voter registration fraud case
A central Indiana man has been sentenced to a year of probation after pleading guilty to 30 misdemeanor counts of voter registration fraud stemming from allegations before the 2018 primary election. Datwaon Collier of Anderson entered the pleas Friday in Madison Circuit Court Division 6 in an agreement with Madison County prosecutors.
Opinions March 15, 2019
7th Circuit Court of Appeals
Trustees of Indiana University, et al. v. Terry Curry and Christopher Gaal
18‐1146, 18‐1247 and 18‐1308
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge Jane Magnus-Stinson.
Civil. Reverses an injunction against an Indiana law restricting the sale, transfer, receipt and acquiring of aborted fetal tissue. Majority judges Frank Easterbrook and Michael Scudder found the statute was not unconstitutionally vague. Judge David Hamilton dissented and would have affirmed the district court.
Law exempting Bloomington, W. Lafayette from rental fee cap struck down
Rental property owners in Bloomington and West Lafayette may be getting a reduction in their registration fees after the Indiana Supreme Court struck down the exemption that allowed the college towns to charge more to landlords than the $5 mandated in state statute.
Despite counsel’s error, defendant not entitled to relief, COA says
Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
COA credits defendant for time held prior to posting bond
The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor.
Reversal: Pre-trial home detainees entitled to credit time
A man previously denied earned credit time against his sentence received good news Friday when an appellate court reversed, finding he was wrongly denied his request. The court held pre-trial home detainees entitled to accrued time credit.
‘Vigilante’ who killed 2 trying to ‘clean up drug problem’ loses appeal
A man who murdered two people in a victim’s home after telling police he wanted to help “clean up the drug problem” in a southern Indiana county got no relief from his convictions or 121-year prison sentence on appeal Friday.
Rush again urges $1 million boost to civil legal aid
The Indiana Supreme Court made its case to the Legislature again this week for an additional $1 million in the state’s next biennial budget to support Hoosier civil legal aid.
E-filing now available in Putnam, Miami counties
Electronic filing is now available in Putnam and Miami circuit and superior courts, leaving just four more counties to implement to e-filing.
Southern Indiana District Court to offer CLE on black history
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month by welcoming Marcia M. Anderson, the first African-American woman to achieve the rank of Major General in the U.S. Army and an attorney who spent more than 25 years as the clerk of the U.S. Bankruptcy Court for the Western District of Wisconsin.
Venue transfer arguments face justices’ scrutiny
In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.
Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban
An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.
Opinions March 14, 2019
Indiana Court of Appeals
Melba Polk-King v. Discover Bank
18A-SC-1772
Small claims. Reverses the reinstatement of Discover Bank’s small claims action against Melba Polk-King, which was dismissed for failure to prosecute. Finds the small claims court abused its discretion by granting Discover’s motion and reinstating the action against Polk-King three years after the complaint had been filed and two years after the matter had been sent to arbitration. Remands for the court to vacate its confirmation of a subsequent arbitration award and dismiss the case with prejudice.
Police: Suspected Indiana burglar crushed by 900-pound safe
Police in Marion say a suspected burglar was apparently crushed to death when a more than 900-pound antique safe fell over onto him.
Ex-Senator Donnelly joins Washington lobbying firm
Former U.S. Sen. Joe Donnelly of Indiana is joining a leading Washington D.C. lobbying firm. Akin Gump announced Wednesday that the Democrat would be a partner in its public law and policy group starting next month.