US soldier charged in wife’s killing flees to Thailand
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.
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Sovereign citizen’s prison religion suit may be revisited
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
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
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
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
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
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.
COA overturns felony murder charge in overdose death
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
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
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
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
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
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
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
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
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
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
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
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
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.