Fort Wayne woman pleads guilty in hammer attack on ex-husband
A northeastern Indiana woman accused of placing a plastic bag over her ex-husband’s head and beating him with a hammer is awaiting sentencing after pleading guilty to attempted murder.
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1 case settled in Missouri duck boat sinking that killed 17
The company that owned a tourist boat that sank in a Missouri lake and killed 17 people has reached a settlement with relatives of two brothers who were among the victims.
Opinions March 11, 2019
Indiana Court of Appeals
In re the Paternity of W.R.H. Casie N. Wheeler v. William Jesse Hinshaw
18A-JP-1770
Juvenile paternity. Reverses modification of custody ordered by Hamilton Superior Court, awarding sole legal custody of W.R.H. to William Jesse Hinshaw. Majority holds that because Indiana Code section 31-17-2.2-1 does not place legal custody at issue any time there is a hearing regarding a proposed relocation, legal custody was not at issue at the hearing, and the trial court erred by ordering the modification. Judge Terry Crone dissents with separate opinion and would affirm the trial court’s award of sole legal custody to father.
Man wins right for jury trial to fight traffic ticket
The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.
COA orders hundreds of photos, videos returned to sex offender
A sex offender’s longtime fight for the return of videos and photographs taken from his home during his arrest has resulted in the Indiana Court of Appeals finding the withholding of the property to be completely erroneous.
Logging injunction near Lake Monroe splits Court of Appeals
A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”
Divided COA reverses custody change based on relocation
The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.
Ex-Hamilton County addiction doctor loses suit against DEA, Carmel
Law enforcement officials who unsuccessfully brought charges against a Hamilton County addiction treatment doctor accused of overprescribing opiates have been cleared in a civil lawsuit the doctor filed against them.
State police have ticketed 200 for slow left-lane driving
Indiana State Police have handed out more than 200 tickets to motorists for driving too slowly in the left lane.
Duke Energy to create plan for Indiana coal ash ponds
Duke Energy will need to create a corrective action plan for its coal ash ponds in Indiana after mandatory groundwater testing found the ponds have contaminants at levels higher than groundwater protection standards.
Indiana trooper fired for relationship with 17-year-old girl
An Indiana State Police trooper has been fired after admitting to continuing a relationship with a 17-year-old girl.
Notre Dame 2L coaches mock trial team to first state finals
After six years of struggling to secure a win, one northern Indiana high school mock trial team is ready to stand up against the big dogs.
Manafort gets 47 months; Trump feels ‘very badly’ for ex-campaign chair
Former Trump campaign chairman Paul Manafort has been sentenced to nearly four years in prison for tax and bank fraud related to his work advising Ukrainian politicians, much less than what was called for under federal sentencing guidelines.
Opinions March 8, 2019
Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon. Finds that accessing Zanders’ cell-site location information was a Fourth Amendment search under Carpenter v. United States, 585 U.S. —, 138 S. Ct. 2206 (2018), but even if the CSLI evidence should have been excluded, the error was harmless beyond a reasonable doubt.
Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
COA reinstates nurse’s negligence claim against hospital
A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims.
Tax Court vacates previous remand in McCordsville dispute
Three months after remanding a dispute to the Indiana Board of Tax Review with instructions to conduct another hearing, the Indiana Tax Court has vacated that opinion and ruled the claims by co-trustees are barred and untimely.
E-filing available for Brownsburg Town Court
Electronic filing is now available in a Hendricks County’s town court, one of the final forums to make the digital filing switch.
Man loses appeal to disinter relative from family plot
A man who claims his cousin’s ex-wife was wrongfully buried in a family plot in a northern Indiana cemetery lost his appeal of a trial court decision to let the woman continue to rest in peace.
Judgment against casino as discovery sanction affirmed
Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.