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Daughter’s estate appeal backfires; COA awards fees

January 17, 2019

The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.

Child support garnishment included in man’s Medicaid liability, COA says

January 17, 2019

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

Scott Circuit judge to resume his duties

January 17, 2019

The Scott Circuit judge will return to the bench after his monthlong stretch of temporarily being unable to perform his duties.

New ‘general counsel’ position created in AG’s office

January 17, 2019

A newly created general counsel position has been announced in the office of Indiana Attorney General Curtis Hill. The shift in leadership positions also includes the reassignment of former Department of Child Services Director Mary Beth Bonaventura as Hill’s chief of staff.

Panel backs moving up appointment of Indiana schools chief

January 17, 2019

Indiana voters wouldn’t decide anymore who serves as the state schools superintendent under a proposal being pushed by legislative Republicans.

Lake County commissioners shoot down broader gunfire limits

January 17, 2019

The Lake County commissioners in northwestern Indiana have defeated a new ordinance that would have enlarged areas where guns cannot be fired.

Ex-Gary city employee convicted in scheme to resell electronics

January 17, 2019

A former government employee in northwestern Indiana has been convicted in a scheme to use funds from the City of Gary to buy more than 1,000 pieces of computer equipment that she then resold.

South Bend attorney wanted for mail fraud arrested in Florida

January 17, 2019

An Indiana attorney wanted on several charges of mail fraud against elderly victims he allegedly exploited as part of an investment scheme has been arrested after federal authorities found him in Florida, according to the FBI.

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.

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In This Issue

  • NCAA uses full-court press to protect branded phrases like ‘March Madness’

  • Conversations signal rising awareness of secondary trauma in legal profession

  • Former Jefferson County doctor, Norton Health facing medical negligence suit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Anonymous donors give each 2026 IU Maurer grad $10K

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