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Day 13: Dems pass funding plan without wall, Trump digs in

January 4, 2019

On their first day in the majority, House Democrats on Thursday night passed a plan to re-open the government without funding President Donald Trump’s promised border wall. The largely party-line votes came after Trump made a surprise appearance at the White House briefing room pledging to keep up the fight for his signature campaign promise.

Low-key days at Supreme Court may be ending soon

January 4, 2019

The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals. But when they gather in private on Friday to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.

Latest hate crimes proposal leaves out specific protected classes

January 4, 2019

In an effort to remove Indiana from a list of five states without hate crimes legislation, lawmakers have filed three separate bills so far in the Indiana General Assembly, but the latest measure does not specify the classes of individuals and groups who would be protected.

Lawsuit filed over gay inmate’s suicide at Noble Co. jail

January 4, 2019

A northeastern Indiana county faces a wrongful death lawsuit alleging a gay inmate killed himself in its jail after being denied mental health treatment and enduring harassment over his sexuality. Markus Middleton’s partner is suing Noble County’s sheriff, jail commander and jail staff.

Opinions Jan. 3, 2019

January 3, 2019

Indiana Court of Appeals
Kenneth Aikman v. State of Indiana (mem. dec.)

18A-CR-1653
Criminal. Affirms the revocation of Kenneth Aikman’s probation and his placement in the Department of Correction to serve his six-year sentence. Finds the Marion Superior Court acted within its discretion.

Union sues GM, says idled workers should replace temps

January 3, 2019

The United Auto Workers union is accusing General Motors of violating a national contract by using temporary workers at a plant in Fort Wayne instead of employing full-timers who were laid off from its factories elsewhere.

Roberts’ year-end report focuses on sexual harassment in judiciary

January 3, 2019

Following the year of the #MeToo movement and the retirement of a former 9th Circuit Court of Appeals judge accused of sexual harassment, Chief Justice John G. Roberts pushed in his most recent end-of-the-year report that more can be done to encourage judicial employees to report misconduct.

Indiana gets share of $575 million Wells Fargo settlement

January 3, 2019

Indiana is set to receive $5.2 million of a $575 million nationwide legal settlement with one of the country’s largest banks. All 50 states and the District of Columbia signed on to the settlement.

Memorial service to honor Indianapolis attorney Patrick

January 3, 2019

A memorial gathering for Michael Fuess Secord Patrick will take place Sunday from 1 to 3 p.m. at Flanner Buchanan Washington Park North. A memorial service will follow.

Suit naming Vaidik, appellate clerk, DOC employees tossed

January 3, 2019

The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.

Man charged with neglect after Lebanon toddler fatally shoots sister

January 3, 2019

A northwestern Indiana man has been charged with felony neglect after police say a 3-year-old boy fatally shot his 4-year-old sister with the suspect’s gun in the family’s home.

Murder trial in officer’s 1980 killing moved to summer

January 3, 2019

A man’s murder trial in the 1980 shooting death of an off-duty northwestern Indiana police officer has been moved to this summer.

Indiana lawmakers returning to Statehouse for 2019 session

January 3, 2019

Indiana lawmakers are set to begin their four-month legislative session, facing a tight state budget picture and a possibly contentious debate over adopting a state hate crimes law.

US soldier charged in wife’s killing flees to Thailand

January 3, 2019

A 21-year-old U.S. soldier is accused of flying to Indianapolis from Colorado to kill his estranged wife, then dumping her body in a trash bin and fleeing to Thailand.

Sovereign citizen’s prison religion suit may be revisited

January 2, 2019

An Indiana prisoner and professed sovereign citizen who claimed his religious rights were violated when he was forbidden from fully participating in certain religious services may get another review, the 7th Circuit Court of Appeals ruled Wednesday.

Opinions Jan. 2, 2019

January 2, 2019

7th Circuit Court of Appeals
Derrick Neely-Bey-Tarik-El v. Daniel Conley, et. al.

17-2980
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil plenary. Affirms in part, reverses in part and remands Derrick Neely-Bey-Tarik-El’s prison religious freedom suit against officials at the Indiana Department of Correction and the Pendleton Correctional Industrial Facility. Affirms summary judgment for defendants on the grounds of qualified immunity on Neely-Bey’s claims for damages under the Free Exercise Clause and the Establishment Clause. Remands for consideration of his complaint for injunctive relief under the Establishment Clause and under the Religious Land Use and Institutionalized Persons Act, if the issues presented are not now moot.

No malicious intent found in prosecution of debt suit

January 2, 2019

The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.

State police: No video of man’s killing by trooper

January 2, 2019

Relatives of a man fatally shot by an Indiana State trooper near Crawfordsville are demanding answers after police said there was no body or dash camera video of what led up to last week’s shooting along a western Indiana highway.

Ruling for insurance producer in licensing case affirmed

January 2, 2019

A trial court order lifting a regulator’s nonrenewal of an insurance producer’s license stemming from his unauthorized use of funds from his homeowner’s association was affirmed by the Indiana Court of Appeals on Monday. The appellate panel agreed that the man’s actions in this case did not warrant such a severe sanction. Jeffrey A. Schumaker’s […]

Probation sanction affirmed on ‘unduly harsh’ appeal

January 2, 2019

A man’s argument that the execution of a suspended sentence for a crime he committed while on probation was an unduly harsh sanction failed before the Indiana Court of Appeals.

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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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