‘Last major hurdles’ cleared in ISBA health plan
In a unanimous decision, the Indiana State Bar Association board of directors has approved the key pieces needed to establish the association’s new health insurance plan for members.
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Mueller report looming, new attorney general in hot seat
William Barr has been attorney general for just one week but is on the cusp of staring down what will almost certainly be the most consequential decision of his long career: How much of the special counsel’s findings to make public.
Indiana seeks injunction against assisted living center where woman died
State officials are seeking an injunction against a western Indiana assisted living center where a woman died after wandering outside on a cold night. The request filed on behalf of the State Department of Health seeks to stop Bethesda Gardens in Terre Haute from providing nursing care outside the scope of an unlicensed assisted living facility.
Judge convicts Indianapolis man of Zionsville slaying
A judge has found an Indianapolis man guilty of murder in the fatal shooting of an 82-year-old central Indiana man in what investigators said was a random act of violence. Boone County Judge Matthew Kincaid convicted 23-year-old Damoine Wilcoxson on Thursday after a two-day bench trial. Wilcoxson is scheduled to be sentenced March 22.
Indiana Senate approves stripped-down hate crimes bill
The Republican-dominated Indiana Senate passed a stripped-down hate crimes bill Thursday and sent the measure to the House, where Republican Gov. Eric Holcomb and others hope the legislation can still be strengthened. The Senate voted 39-10 in favor of the legislation that was changed two days earlier to remove a list of specifically protected characteristics, including sexual orientation, gender identity and race.
Opinions Feb. 21, 2019
Indiana Court of Appeals
Ryan A. Benefiel v. Junko M. Stalker
18A-JP-2078
Juvenile paternity. Affirms the Hamilton Circuit Court’s order that Ryan Benefiel pay $20,000 in attorney’s fees incurred by Junko Makiah Stalker during their paternity action. Finds Benefiel’s behavior caused additional attorney fees to be incurred by Stalker. Also finds the parties’ economic conditions support an award of attorney’s fees.
Tax Court upholds 26 percent increase in home valuation
The Indiana Tax Court has upheld a 26 percent increase in a home valuation after finding that the homeowners failed to properly rebut the removal of an obsolescence adjustment.
Tax Court upholds 26 percent increase in home valuation
The Indiana Tax Court has upheld a 26 percent increase in a home valuation after finding that the homeowners failed to properly rebut the removal of an obsolescence adjustment.
Father’s behavior to blame for mother’s $40K attorney fees, COA says
A father ordered to pay half of the attorney’s fees incurred by the mother of his child during a paternity action was denied his appeal to be rid of them Thursday when appellate judges found the high fees were a result of his behavior.
COA: Medical expert failed to establish knowledge of standard of care
A directed verdict in favor of Hendricks County health care providers accused of failing to adequately care for a baby born with Rh disease has been upheld after the Indiana Court of Appeals found the plaintiffs’ expert failed to establish that he knew the applicable standard of care.
State, IBM spar over damages during Supreme Court oral arguments
It’s been roughly nine years since a hard-fought legal battle over the creation of a new Hoosier welfare system ensued between the state of Indiana and IBM Corp. And on Thursday, the long-lasting litigation returned to the Indiana Supreme Court, which this time must answer a multi-million-dollar damages question.
Girl’s CHINS adjudication will stand after brother’s death, COA rules
A young girl found to be a child in need of services following the negligent death of her younger brother will remain a CHINS despite her mother’s contention that there wasn’t enough evidence to prove the finding, the Indiana Court of Appeals has ruled.
COA rejects developer’s private pond argument
An Evansville developer’s argument that the Indiana Department of Environmental Management does not have jurisdiction over private ponds did not hold water with the Indiana Court of Appeals.
Senior judge appointed to temporarily replace retiring Posey County jurist
A senior judge has been appointed to continue operations in a Posey County court once the sitting judge retires from the bench next week. Robert R. Aylsworth will temporarily serve on the Posey Superior Court bench as a senior judge, effective March 1.
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.
Trump chooses Jeffrey Rosen for deputy attorney general
President Donald Trump on Tuesday said he intends to nominate Jeffrey Rosen, a longtime litigator and deputy transportation secretary, to replace Rod Rosenstein as deputy attorney general.
Judge orders Roger Stone to court over Instagram post
A federal judge on Tuesday ordered Roger Stone to appear in court to consider whether to revoke his bail after the longtime Donald Trump confidant posted a photo on Instagram of the judge with what appeared to be crosshairs of a gun.
Opinions Feb. 20, 2019
Indiana Court of Appeals
Jonathon Barthalow v. State of Indiana
18A-CR-1366
Criminal. Affirms Jonathon Barthalow’s conviction of Level 3 felony burglary. Finds there is sufficient evidence to support Barthalow’s conviction. Finds the Wayne Circuit Court did not commit fundamental error in failing to provide the jury with the definition of bodily injury.
Northern District seeks comments on amended local rules
Public comment is sought on proposed revisions of several local rules for the U.S. District Court for the Northern District of Indiana.
COA affirms vengeful brother’s intent to commit battery
A man who tried to avenge his sister by beating up her boyfriend who allegedly threatened to hit her failed to convince appellate judges that the boyfriend did not suffer serious bodily injuries from the attack carried out during a burglary.