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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.

Federal courts’ cost-cutting extends funding another week

January 16, 2019

With the partial shutdown of the federal government the longest in history, the federal judiciary announced its cost-cutting measures have given it enough funding to remain in session at least until Jan. 25.

Indiana lawmaker seeks tighter management of veterans fund

January 16, 2019

An Indiana lawmaker is seeking to tighten up management of a grant program meant to help struggling veterans after revelations that the state agency that oversees it awarded some of the grants to its own employees.

Indiana school shooting might prompt juvenile law change

January 16, 2019

Indiana law might be changed so that children as young as 12 could face attempted murder charges in adult court in a move prompted by a suburban Indianapolis school shooting.

Opinions Jan. 15, 2019

January 15, 2019

Indiana Court of Appeals
Randall Brown v. State of Indiana

18A-CR-1
Criminal. Affirms on interlocutory appeal the Brown Circuit Court’s denial of a motion to suppress evidence retrieved from a locked safe after defendant Randall Brown provided the combination to officers executing a search warrant. Finds officers’ failure to provide Brown a Pirtle warning before he provided the combination to a safe in his home is irrelevant. Remands for proceedings in Brown’s case, in which he is charged with Level 2 felony dealing in methamphetamine, Level 6 felony possession of methamphetamine and Level 6 felony maintaining a common nuisance.

Trump’s AG nominee Barr asserts his independence

January 15, 2019

President Donald Trump’s nominee for attorney general asserted independence from the White House on Tuesday, saying he believed that Russia had tried to interfere in the 2016 presidential election, that the special counsel investigation shadowing Trump is not a witch hunt and that his predecessor was right to recuse himself from the probe.

Double habitual offender enhancements upheld

January 15, 2019

A man with a long history as a traffic violator lost his appeal to dismiss his habitual offender charge after the Indiana Court of Appeals found that current statute gives courts explicit authorization to use the habitual offender enhancement.

Former Rep. Messer joins Faegre Baker Daniels

January 15, 2019

Former Indiana Congressman Luke Messer has joined Faegre Baker Daniels Consulting as a principal in Washington, D.C., where he will advise businesses and other entities across the nation on federal regulatory and policy developments.

Justices agree to again hear long-running IBM dispute

January 15, 2019

A years-long legal battle between the state of Indiana and IBM Corporation over a failed welfare benefits processing upgrade will continue now that the Indiana Supreme Court has again granted transfer to the long-running dispute.

COA affirms search of locked home safe in meth case

January 15, 2019

A man who came home as police were executing a search warrant lost his bid to suppress evidence of meth dealing that came from a safe in his Brown County house after he provided officers the combination.

Justices hear murder, jurisdiction arguments

January 15, 2019

Indiana Supreme Court Justices heard oral argument in two cases Thursday, beginning with a man who argued there was insufficient evidence to sustain his triple-murder conviction and that certain evidence was improperly admitted.

State, community group urge SCOTUS to reject Lake Michigan access case

January 15, 2019

The state of Indiana and a community group favoring public access to the shore of Lake Michigan have filed briefs urging the Supreme Court of the United States to reject an appeal that could partly privatize the state’s 45 miles of Great Lakes beaches. Briefs filed Friday urge the high court to affirm the Indiana Supreme Court ruling that found the public has a right to walk along the shore of Lake Michigan from the water’s edge to the ordinary high water mark.

Woman settles lawsuit over jailing due to mistaken identity

January 15, 2019

A northwest Indiana woman who alleged she was wrongfully held in the Valparaiso jail for nearly two months in a case of mistaken identity has reached a $6,000 settlement in the case.

Coroner: Toxicology needed for 2 dead at Lafayette jail

January 15, 2019

A coroner says toxicology reports are needed on two inmates who died after falling ill in their cells at the Tippecanoe County Jail in Lafayette.

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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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