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South Bend attorney wanted for mail fraud arrested in Florida

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.

Opinions Jan. 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

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

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.

Rush, Goff publish dissent on poverty as probation violation

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.

Indiana lawmaker seeks tighter management of veterans fund

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.

Opinions Jan. 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

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.

Double habitual offender enhancements upheld

A man with a long history as a traffic violator lost his appeal to dismiss his habitual offender charge after the Indiana Court of Appeals found that current statute gives courts explicit authorization to use the habitual offender enhancement.

Former Rep. Messer joins Faegre Baker Daniels

Former Indiana Congressman Luke Messer has joined Faegre Baker Daniels Consulting as a principal in Washington, D.C., where he will advise businesses and other entities across the nation on federal regulatory and policy developments.

Justices agree to again hear long-running IBM dispute

A years-long legal battle between the state of Indiana and IBM Corporation over a failed welfare benefits processing upgrade will continue now that the Indiana Supreme Court has again granted transfer to the long-running dispute.

COA affirms search of locked home safe in meth case

A man who came home as police were executing a search warrant lost his bid to suppress evidence of meth dealing that came from a safe in his Brown County house after he provided officers the combination.

Justices hear murder, jurisdiction arguments

Indiana Supreme Court Justices heard oral argument in two cases Thursday, beginning with a man who argued there was insufficient evidence to sustain his triple-murder conviction and that certain evidence was improperly admitted.