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COA overturns felony murder charge in overdose death

January 2, 2019

A man who provided drugs that ultimately resulted in a woman’s overdose death will not face a felony murder charge after the Indiana Court of Appeals found precedent did not stretch far enough to include his actions.

COA rules for providers on malpractice, negligence claims

January 2, 2019

The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.

Appeals panel upholds Charlestown water utility sale

January 2, 2019

A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.

Holcomb remains against legalizing marijuana

January 2, 2019

Indiana Gov. Eric Holcomb remains opposed to efforts by state lawmakers to allow medical or recreational marijuana in the state, even as such uses are becoming legal in a growing number of other states.

Majority justices reduce drug sentence, order removal from DOC

January 2, 2019

Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.

Opinions Dec. 28, 2018

December 28, 2018

Indiana Supreme Court 
In the Matter of Kirmille D. Lewis

18S-DI-102
Disciplinary action. Disbars Indianapolis attorney Kirmille Lewis. Finds Lewis committed attorney misconduct by, among other things, converting client funds, neglecting clients’ cases and engaging in a pattern of dishonesty. 

Landlord, not tenant, responsible for insuring building in fire, COA says

December 28, 2018

The Indiana Court of Appeals reversed the denial of a tenant’s motion for judgment against a landlord’s insurer after finding that the parties’ commercial leasing agreement unambiguously provided that the landlord would insure a building damaged in a fire.

Federal board’s ruling paves way for Nickel Plate Trail development

December 28, 2018

The Federal Surface Transportation Board has ruled in favor of a plan by Fishers and Noblesville to convert the Nickel Plate Railroad into a recreational trail, removing the last big legal hurdle faced by the project.

Indy attorney who converted client funds, falsified attorney registration loses license

December 28, 2018

An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.

COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges

December 28, 2018

A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.

COA reverses one of multiple firearm convictions on double jeopardy grounds

December 28, 2018

An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.

No solution to shutdown in sight before Dems take House

December 28, 2018

The partial government shutdown will almost certainly be handed off to a divided government to solve in the new year — the first big confrontation between President Donald Trump and newly empowered Democrats — as agreement eludes Washington in the waning days of the Republican monopoly on power.

Government shutdown closes S. Indiana Forest Service offices

December 28, 2018

The partial federal government shutdown has closed U.S. Forest Service offices in southern Indiana and limited access to some federal properties. The Forest Service closed its Bedford and Tell City offices when the shutdown began Dec. 22.

Assault charge filed against LaPorte woman in plane incident

December 28, 2018

An Indiana woman accused of attacking a Delta Air Lines crew is moving toward a guilty plea in Detroit federal court. In a new court filing, Camille Krueger of LaPorte is charged with head-butting and spitting on federal officers who were removing her from a Germany-to-Detroit flight last January.

Opinions Dec. 27, 2018

December 27, 2018

7th Circuit Court of Appeals
Shannon McHenry v. Nancy Berryhill

18-1691
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates an administrative law judge’s dismissal of Shannon McHenry’s application for disability insurance benefits, finding the ALJ failed to acquire a medical expert to review a consequential MRI report. Remands for proceedings.

COA split on amended sentence modification statute

December 27, 2018

In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.

SCOTUS to consider Indiana abortion, juvenile life cases in conference

December 27, 2018

Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.

Mobile home parks lose appeal of IURC classification

December 27, 2018

Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.

7th Circuit affirms denial of habeus corpus petition

December 27, 2018

A prisoner petitioning for habeus corpus relief for the past decade was again denied when the 7th Circuit Court of Appeals found he was properly sentenced under the Armed Career Criminal Act.  

7th Circuit reinstates hairdresser’s disability benefits case

December 27, 2018

A woman denied Social Security disability benefits was granted a second chance after a panel of the 7th Circuit Court of Appeals found her administrative law judge lacked substantial evidence to prove she wasn’t disabled.

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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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