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State loses appeal to waive teen to adult court in fatal crash case

February 13, 2019

The state failed to convince the Indiana Court of Appeals that a juvenile court erred in denying a motion to waive to adult court a Vigo County teen accused of causing a fatal car crash.

David, Rush publish dissent as high court lets stand sentencing via video

February 13, 2019

Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.

No action coming on Indiana attorney general removal bill

February 13, 2019

Legislative Republicans are not going to take any action on a proposal that aims to make it easier to remove some state officeholders from their positions, which was filed by an Indiana legislator who says she was groped by Attorney General Curtis Hill.

Convicted drug lord ‘El Chapo’ likely heading to ‘Supermax’

February 13, 2019

In the world of corrections, there are inmates who pose security risks, and then there’s drug lord Joaquin “El Chapo” Guzman, convicted Tuesday of running an industrial-scale smuggling operation, and who has an unparalleled record of jailbreaks. Experts say Guzman may spend the rest of his life in the federal government’s “Supermax” prison in Florence, Colorado.

Opinions Feb. 12, 2019

February 12, 2019

7th Circuit Court of Appeals
Danny Ray v. Nancy Berryhill

18-2229
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates the denial of supplemental security income and disability insurance benefits to Danny Ray, finding an administrative law judge erroneously discredited Ray, failed to treat his prior job as “composite,” and improperly assessed his functional abilities compared to the job requirements for a bus monitor in the general economy. Remands to the U.S. District Court for the Southern District of Indiana with instructions to remand the case to the Social Security Administration for further proceedings.

7th Circuit remands disability case on ALJ’s improper assessment

February 12, 2019

A decision denying a man’s application for disability and supplemental security income was remanded after the 7th Circuit Court of Appeals found an administrative law judge erroneously discredited him and improperly assessed his functional abilities.

COA: Evidence not inadmissible hearsay in domestic battery

February 12, 2019

The Indiana Court of Appeals affirmed a man’s domestic battery and strangulation convictions when it found his arguments failed to prove that admitted evidence was inadmissible hearsay.

Nexlink must face fired worker’s sex harassment retaliation claim

February 12, 2019

Nexlink, a “solutions provider” for AT&T, has lost its bid for summary judgment and must face a former employee’s claims that she was terminated in fired for filing a sexual harassment complaint against a former supervisor when she previously worked at AT&T.

Tenure requirement waived to certify St. Joseph senior judge

February 12, 2019

The Indiana Judicial Nominating Commission has waived certain criteria in the certification of a new senior judge, finding ‘exceptional circumstances’ existed to warrant the waiver.

Mandatory e-filing now required in Lake County

February 12, 2019

Lake County has transitioned to mandatory electronic filing, making it the first to do so in 2019. Just seven Indiana counties remain to adopt e-filing in their trial courts.

Lake Michigan public access bill advances; SCOTUS to confer on appeal

February 12, 2019

A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.

Mass. woman begins jail sentence for texting-suicide conviction

February 12, 2019

A Massachusetts woman who sent her suicidal boyfriend a barrage of text messages urging him to kill himself was jailed Monday on an involuntary manslaughter conviction nearly five years after he died in a truck filled with toxic gas.

Connecticut man sues over job rejection due to medical marijuana

February 12, 2019

A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued.

Appeals court heads to Terre Haute to hear murder case

February 12, 2019

A panel of the Indiana Court of Appeals traveled to Terre Haute today hear oral argument in a case involving murder, attempted murder and armed robbery.

Opinions Feb. 11, 2019

February 11, 2019

The following 7th Circuit Court opinion was posted after IL deadline Friday.
Ronnie L. Winsted, Jr. v. Nancy A. Berryhill

18‐2228
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Magistrate Judge Mark J. Dinsmore.
Civil. Remands the denial of Ronnie Winsted’s application for disability insurance benefits and supplemental security income. Finds the administrative law judge did not consider Winsted’s difficulties with concentration, persistence, and pace. Finds the ALJ did not adequately explain how the limitations he placed on Winsted’s residual functional capacity accounted for his concentration-functioning difficulties. Remands to the Social Security Administration.

Tax Court affirms reduced Jeffersonville Meijer assessment

February 11, 2019

The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.

Gun training for teachers among Indiana GOP firearms bills

February 11, 2019

Indiana school districts would be able to seek state money to provide gun training for teachers under a bill endorsed by a legislative committee.

7th Circuit remands disability case over ALJ’s errant hypotheticals

February 11, 2019

A rejection of a man’s application for disability and supplemental security income was remanded after the 7th Circuit Court of Appeals found an administrative law judge’s hypothetical question ignored one of the man’s most significant deficits.

COA: Stolen used tires of value; theft conviction affirmed

February 11, 2019

The Indiana Court of Appeals affirmed a woman’s conviction for stealing used tires from an Avon auto dealership when it found the tires were of value because they presented a liability to the dealership if used without authorization.

COA affirms child molesting conviction, sentence

February 11, 2019

A Carroll County man’s sentence of 40 years in prison for molesting his girlfriend’s 7-year-old daughter was upheld Monday. An appellate panel rejected his arguments that evidence from the victim’s exam was wrongly excluded and that his sentence was inappropriate, among others.

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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

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

  • 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

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