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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.

US: Thousands victimized in organic grain fraud scheme

December 27, 2018

Federal prosecutors say thousands of individuals and businesses were victims of a large-scale scheme in which ordinary corn and soybeans were fraudulently marketed nationwide as “certified organic.”

Deaths of 2 children raise doubts about US border agency

December 27, 2018

The deaths of two migrant children in just over two weeks raised strong new doubts Wednesday about the ability of U.S. border authorities to care for the thousands of minors arriving as part of a surge of families trying to enter the country.

Cleanup set for 200,000 waste tires left at Anderson business

December 27, 2018

State environmental officials are stepping in to clean up nearly 200,000 shredded tires left at a former central Indiana recycling business.

Court: Justice Ginsburg leaves hospital after cancer surgery

December 27, 2018

A spokeswoman for the U.S. Supreme Court said Justice Ruth Bader Ginsburg has been discharged from the hospital after cancer surgery.

Opinions Dec. 26, 2018

December 26, 2018

Indiana Court of Appeals 
Andrew W McWhorter v. State of Indiana 

33A01-1710-CR-2415
Criminal. Affirms Andrew McWhorter’s conviction for Class A felony voluntary manslaughter. Finds the Henry Circuit Court did not abuse its discretion in admitting video testimony from a deceased eye-witness. Also finds McWhorter’s due process rights were not violated during his prior trial, nor was he subjected to double jeopardy. Judge L. Mark. Bailey dissents with a separate opinion.

Split COA affirms admission of dead eyewitness’ video testimony

December 26, 2018

A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.

Public defender Bohdan named Allen Superior Court magistrate

December 26, 2018

Allen County public defender John C. Bohdan, II, has been named magistrate judge of the Allen Superior Court Misdemeanor and Traffic Division. Bohdan was selected to succeed former Magistrate David Zent, who was recently appointed to succeed retiring Allen Superior Judge John F. Surbeck, Jr. Surbeck will retire Dec. 31.

IU McKinney, WTC Indianapolis create international trade law LL.M. track

December 26, 2018

A new partnership between an Indiana-based global trade organization and Indiana University Robert H. McKinney School of Law has resulted in a new educational track for foreign-born lawyers pursuing a Master of Laws degree from the Indianapolis law school. IU McKinney and World Trade Center Indianapolis have announced the creation of the track in international trade law, created pursuant to a memorandum of understanding signed Thursday.

Post-holiday, partial government shutdown to gain impact

December 26, 2018

Christmas has come and gone but the partial government shutdown is just getting started. Wednesday brings the first full business day after several government departments and agencies closed over the weekend due to a budgetary stalemate between President Donald Trump and Congress. And there is no end in sight.

Web Exclusive: Key legislators see sports wagering a sure bet for Indiana

December 26, 2018 | Katie Stancombe

A trending topic discussed by state legislators across the nation is legalizing and incorporating sports wagering into casinos. This comes after a decision in May by the United States Supreme Court that struck down a federal law that barred states from offering legal sports gambling.

sports-betting-450bp

Year in Review: Attorney discipline orders drop, but major misconduct cases tarnish profession

December 26, 2018

The rare subset of attorney discipline cases brought by the Indiana Supreme Court Disciplinary Commission are the result of criminal charges against lawyers that could result in jail time. In that regard, the Hoosier State had plenty, even as total attorney discipline orders declined in 2018.

Indiana man gets 80 years in prison for Fort Wayne girl’s 1988 killing

December 26, 2018

An Indiana man has been sentenced to 80 years in prison for the 1988 abduction, rape and killing of an 8-year-old girl. An Allen County judge sentenced 59-year-old John D. Miller, of Grabill, on Friday after Miller pleaded guilty to murder and child molestation charges in April Tinsley’s long-unsolved killing.

Prosecutors concede 3 Buncich convictions should be vacated

December 26, 2018

Federal prosecutors concede there wasn’t enough evidence to convict former Lake County Sheriff John Buncich on three of the five wire fraud counts he was found guilty of and he should be resentenced. Prosecutors say they failed to introduce sufficient evidence of “Federal reserve payroll fund” transfers alleged in three counts of the indictment against Buncich and “the Court should vacate Buncich’s convictions on those counts.”

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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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