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Madison County man’s child molesting, solicitation convictions upheld

February 14, 2019

An Alexandria man who unsuccessfully moved for a mistrial and challenged evidence the state produced to convict him of child molesting failed to convince the Indiana Court of Appeals that the trial court had erred or that his 12-year executed sentence was inappropriate.

Bar exam review commission opens meetings to public

February 14, 2019

A 14-member study commission appointed to review the Indiana Bar Exam in light of the ongoing decline in passage rates will hold a series of 10 monthly meetings, all open to the public, at the Indiana Statehouse beginning next week.

Alcohol bills move to full House for consideration after changes

February 14, 2019

State lawmakers on Wednesday made changes to two major bills addressing alcohol issues before moving both pieces of legislation to the full House for consideration.

Former powerhouse investment broker Buck sentenced to more than 3 years in prison

February 14, 2019

A federal judge on Wednesday sentenced former powerhouse Merrill Lynch broker Thomas Buck to three years and four months in prison.

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House approves bill to lift light-rail ban in central Indiana

February 13, 2019

A bill that would end the prohibition on light-rail construction in Marion and six other central Indiana counties passed the Indiana House on Tuesday.

Opinions Feb. 13, 2019

February 13, 2019

Indiana Court of Appeals
State of Indiana v. D.R.

18A-JV-1608
Juvenile. Affirms the Vigo Circuit Court’s denial of the state’s motion to waive D.R. to adult court on an allegation that he committed what would be Level 5 felony reckless homicide if committed by an adult. The trial court’s determination that D.R. overcame the presumption of waiver is not against the facts and circumstances of the case. Denies D.R.’s motion to dismiss the state’s interlocutory appeal, finding the state was permitted to appeal the denial of waiver under the circumstance of the case.

Bill sought by child sex abuse survivors rerouted for study

February 13, 2019

Individuals who were sexually abused as children will have to keep waiting for justice, now that a bill that could potentially give them more time to sue their abusers has been routed for further study.

Suspended special needs trust lawyer faces more theft accusations

February 13, 2019

A suspended Greenwood lawyer criminally charged with stealing hundreds of thousands of dollars from his former special needs trust clients around Indiana has been accused in new civil lawsuits of draining another $108,600 from several more trust funds. The additional alleged misappropriations by Kenneth Shane Service drive the alleged missing funds to more than $318,600.

Split COA affirms suppression after faulty controlled drug buy

February 13, 2019

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

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.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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