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Plainfield attorney suspended with JLAP probation

January 18, 2019

A Plainfield attorney has been suspended for at least 180 days with two years of probation monitored by the Judges and Lawyers Assistance Program after he accepted retainers from several clients but failed to adequately communicate with or appropriately advance their cases.

Justices appear ready to void Tennessee alcohol sales law

January 18, 2019

The Supreme Court appeared ready Wednesday to strike down a Tennessee provision that requires people to live in the state for two years before obtaining a license to sell alcohol. But 35 states, including Indiana, and the District of Columbia, are urging the court to uphold the two-year residency requirement.

Nonprofit reapplies to open South Bend abortion clinic

January 18, 2019

A nonprofit group that had been denied a state license to open a South Bend abortion clinic reapplied for one Thursday instead of challenging the decision in court. Texas-based Whole Woman’s Health Alliance reapplied for the license Thursday, avoiding what it feared would be a lengthy legal battle.

Excluded witnesses, admitted photos affirmed in murder trial

January 17, 2019

A man who murdered a woman in order to rob her of prescription drugs lost an appeal of his convictions when the Indiana Court of Appeals found there was sufficient evidence and that a trial court did not deprive him of a defense.

Opinions Jan. 17, 2019

January 17, 2019

Indiana Court of Appeals
Danny L. Saintignon v. State of Indiana

18A-CR-279
Criminal. Affirms Danny Saintignon’s convictions of Class A felony conspiracy to commit burglary resulting in bodily injury, murder and Class B felony robbery resulting in bodily injury. Finds the Delaware Circuit Court did not abuse its discretion when it excluded Saintignon’s proposed witnesses, nor did it deprive him of his right to present a defense. Also finds the trial court did not abuse its discretion when it admitted a photograph that depicted Saintignon’s tattoos. Finally, finds there is sufficient evidence to support his convictions beyond a reasonable doubt. 

Daughter’s estate appeal backfires; COA awards fees

January 17, 2019

The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.

Child support garnishment included in man’s Medicaid liability, COA says

January 17, 2019

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

Scott Circuit judge to resume his duties

January 17, 2019

The Scott Circuit judge will return to the bench after his monthlong stretch of temporarily being unable to perform his duties.

New ‘general counsel’ position created in AG’s office

January 17, 2019

A newly created general counsel position has been announced in the office of Indiana Attorney General Curtis Hill. The shift in leadership positions also includes the reassignment of former Department of Child Services Director Mary Beth Bonaventura as Hill’s chief of staff.

Panel backs moving up appointment of Indiana schools chief

January 17, 2019

Indiana voters wouldn’t decide anymore who serves as the state schools superintendent under a proposal being pushed by legislative Republicans.

Lake County commissioners shoot down broader gunfire limits

January 17, 2019

The Lake County commissioners in northwestern Indiana have defeated a new ordinance that would have enlarged areas where guns cannot be fired.

Ex-Gary city employee convicted in scheme to resell electronics

January 17, 2019

A former government employee in northwestern Indiana has been convicted in a scheme to use funds from the City of Gary to buy more than 1,000 pieces of computer equipment that she then resold.

South Bend attorney wanted for mail fraud arrested in Florida

January 17, 2019

An Indiana attorney wanted on several charges of mail fraud against elderly victims he allegedly exploited as part of an investment scheme has been arrested after federal authorities found him in Florida, according to the FBI.

Rush addresses needs of court ‘customers’ in State of the Judiciary

January 16, 2019

With applause amplified from all corners of the Indiana General Assembly’s House Chamber, the leader of the Indiana Supreme Court declared that the state judiciary is “sound, steady and strong” in 2019.

Opinions Jan. 16, 2019

January 16, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday: 
William Rainsberger v. Charles Benner

17-2521
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence. 
Civil. Affirms the district court’s denial of Indianapolis Metropolitan Police Detective Charles Benner’s motion for summary judgment against William Rainsberger, arguing that he is entitled to qualified immunity in Benner’s civil rights case alleging wrongful arrest. Holds that Benner is not entitled to qualified immunity because it is clearly established that the Fourth Amendment is violated when an officer chooses “to use deliberately falsified allegations to demonstrate probable cause.” 

Women judges make history in Marion Superior Court

January 16, 2019

For the first time, four women judges have been elected to serve on the executive committee of the Marion Superior Court. The committee is responsible for operation and conduct of the Indianapolis courts and serves as the policymaking body for them.

IMPD detective must stand trial on false affidavit in murder

January 16, 2019

An Indianapolis police detective who knowingly falsified information in an affidavit that led to the imprisonment of a man charged with murdering his elderly mother lost an appeal Tuesday and must face the falsely accused man’s civil lawsuit.

U.S. Supreme Court again relists Indiana’s abortion petition

January 16, 2019

For the third time, the Supreme Court of the United States has distributed Indiana’s controversial abortion law for conference. The justices are now scheduled to review Indiana’s petition for writ of certiorari Friday.

Rush, Goff publish dissent on poverty as probation violation

January 16, 2019

A split Indiana Supreme Court denied a petition to transfer a homeless man’s probation violation appeal, with two justices writing in a published dissent that the litigant was an indigent man incarcerated for probation violations that resulted from his poverty, not his intentions.

Ex-New Haven City Court judge agrees to lifetime judicial ban

January 16, 2019

A northern Indiana city court judge who resigned at the end of the year after several judicial misconduct charges were filed against him has agreed to never again serve as a judge, the Indiana Supreme Court announced.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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