House approves bill to lift light-rail ban in central Indiana
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.
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Opinions Feb. 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
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
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
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
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
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
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’
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
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
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
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
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
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
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
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
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
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
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
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.