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Court of Appeals to hear appeals in Grant, Knox counties this week

February 18, 2019

The Indiana Court of Appeals will travel to the northern and southern parts of the state this week to hear oral arguments in two cases, one involving murder and the other involving drug possession.

Lawyer reprimanded for unknowingly representing co-defendants in separate cases

February 18, 2019

The Indiana Supreme Court has publicly reprimanded a Terre Haute attorney who failed to realize he had agreed to separately represent two co-defendants, leading to his representation of both defendants in a matter in which one defendant wanted to testify against the other.

Indiana Senate panel backs hate crimes bill

February 18, 2019

A proposed Indiana hate crimes law has been endorsed by a state legislative committee. The Senate Public Policy Committee voted 9-1 on Monday to advance the bill to the full Senate after hearing nearly three hours of public testimony from opponents and supporters of the legislation.

COA rejects hearsay exception argument, upholds murder conviction

February 18, 2019

The Indiana Court of Appeals affirmed a man’s murder conviction and 65-year sentence after finding the defendant failed to show how out-of-court statements allegedly made by several individuals qualified as an exception to the hearsay rule.

Trump emergency declaration faces fights in the courts

February 18, 2019

President Donald Trump declared a national emergency along the southern border and predicted his administration would end up defending it all the way to the Supreme Court. That might have been the only thing Trump said Friday that produced near-universal agreement.

Justices to decide if 2020 census can ask about citizenship

February 18, 2019

The Supreme Court will decide whether the 2020 census can include a question about citizenship that could affect the allocation of seats in the House of Representatives and the distribution of billions of dollars in federal money. The justices agreed Friday to a speedy review of a lower court ruling that has so far blocked the Trump administration from adding the citizenship question to the census for the first time since 1950.

Indiana Senate panel hearing state hate crimes bill

February 18, 2019

Opponents and supporters of a proposed Indiana hate crimes law are arguing their positions before state legislators. A state Senate committee opened a hearing Monday morning on a bill that would create a law specifically against crimes fueled by biases regarding traits such as race, religion and sexual orientation.

Opinions Feb. 15, 2019

February 15, 2019

The following 7th Circuit Court opinions were posted after IL deadline Thursday.
ARC Welding Supply, Co. Inc. v. American Welding & Gas, Inc.

18-1546
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s entry of judgment in favor of American Welding & Gas Inc. and the award of damages in the amount of $33,765.52, plus interest. Finds the court did not err in basing its damage award on a $125 cylinder valuation. Also finds American’s agreement with ARC Welding Supply Co. does not contain language that would require its audit to be completed within 180 days, nor that $150,000 be owed to ARC if American fails to complete the audit by that deadline.

DOC cannot make Muslim inmate pay for religious diet, divided 7th Circuit says

February 15, 2019

The Indiana Department of Correction must provide a Muslim inmate housed at the Indiana State Prison with a meat-based diet in accordance with his religious beliefs, a divided panel of the 7th Circuit Court of Appeals ruled Friday in a decision upholding a lower court.

7th Circuit affirms man’s phone store robbery conviction

February 15, 2019

The 7th Circuit Court of Appeals affirmed a man’s conviction and sentence Thursday for conspiracy to commit robbery, finding the denial of his motion to change venue and suppress evidence was not erroneous.

Longtime Warsaw attorney resigns amid misconduct allegations

February 15, 2019

A Warsaw attorney with nearly 50 years’ experience has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.

7th Circuit: Damages proper in contract dispute between welding company, supplier

February 15, 2019

The 7th Circuit Court of Appeals has affirmed an award of damages to a welding company after finding language in an agreement with a welding supplies distributor did not entitle the latter to deferred payment.

Decatur lawyer convicted of forgery, counterfeiting suspended again

February 15, 2019

A Decatur lawyer sentenced to nearly nine months for forgery and counterfeiting convictions and disciplined five separate times last year has again been indefinitely suspended from the practice of law in Indiana for noncooperation. The Indiana Supreme Court indefinitely suspended Jill N. Holtzclaw on Thursday, effective immediately.

Trump says he’s declaring emergency to build border wall

February 15, 2019

President Donald Trump announced Friday that he will declare a national emergency to fulfill his pledge to construct a wall along the U.S.-Mexico border. Trump said he will use executive powers to bypass Congress, which approved far less money for his proposed wall than he had sought.

Justices consider admissibility of disciplinary history of medical expert

February 15, 2019

Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.

Report: Indiana lawmaker may have violated lobbying laws

February 15, 2019

A former Indiana lawmaker’s contract with the state’s Department of Veterans Affairs may have violated state lobbying laws, according to a newspaper investigation. Allen Paul received more than $150,000 from July 2015 to December 2018 after signing a lobbying contract with the department nine months after the former Republican senator retired in 2014.

Portage mayor convicted of bribery, tax charge

February 15, 2019

A jury has convicted a northwestern Indiana mayor of one count each of bribery and tax obstruction while acquitting him of a second bribery count. The jury returned the verdicts Thursday against 38-year-old Portage Mayor James Snyder.

Impeachment investigation sought of Indiana attorney general

February 15, 2019

An Indiana legislator wants an investigation into the possible impeachment of state Attorney General Curtis Hill over allegations he drunkenly groped a female lawmaker and three female legislative staffers at a bar. Democratic Rep. Ed DeLaney of Indianapolis said he submitted the request Thursday asking that the House Judiciary Committee investigate Hill’s conduct and whether he should remain in office.

Opinions Feb. 14, 2019

February 14, 2019

The following 7th Circuit Court opinion was posted after IL deadline Wednesday.
Red Barn Motors, Inc. v. NextGear Capital, Inc.

18-1409
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Vacates the Southern District Court’s decision to rescind class certification for Red Barns Motors’ numerous claims against NextGear Capital, including breach of contract, constructive fraud and RICO violations and conspiracy. Finds the district court’s denial of the class certification lacks sufficient reasoning and explanation. Remands for further proceedings.

COA: Stolen gun’s owner shielded from suit in fatal shooting

February 14, 2019

The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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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