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COA again addresses summarily approved commitment orders, finds timeliness waiver

December 13, 2018

The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.

Legislative leaders to focus on DCS funding, teacher pay in ‘extraordinarily difficult’ budget session

December 13, 2018

In what the Indiana House Speaker said is likely to be an “extraordinarily difficult” budget session, Indiana’s legislative leaders plan to focus their efforts during this year’s legislative session on budget-impacting legislation, such as funding for the embattled Department of Child Services and increasing teacher pay.

Father loses appeal of conviction for molesting son

December 13, 2018

A Madison County father convicted of molesting his son has lost his appeal of his conviction, with the Indiana Court of Appeals finding statements a prosecutor made during the son’s deposition were reasonable and non-threatening.

Police: Teen, officers exchange gunfire at middle school

December 13, 2018

A teenage suspect and police officers exchanged gunfire outside a Richmond middle school Thursday morning before the boy ran inside and killed himself, authorities said. Indiana State Police Sgt. John Bowling said no one else at Dennis Intermediate School or any officers were injured during the shooting.

Lake County last to adopt e-filing in 2018

December 13, 2018

Lake County has officially adopted electronic filing, making it the last county that will roll out e-filing this year. That leaves seven counties left to implement e-filing, three of which have yet to deploy the Odyssey electronic case management system. 

‘Dirty deeds’: Ex-Trump lawyer Cohen gets 3 years in prison

December 13, 2018

Michael Cohen, President Donald Trump’s one-time fixer, was sentenced Wednesday to three years in prison for crimes that included arranging the payment of hush money to conceal his boss’ alleged sexual affairs, telling a judge that he agreed time and again to cover up Trump’s “dirty deeds” out of “blind loyalty.”

Indiana Secretary of State investigating Johnson County Election Day glitch

December 13, 2018

Indiana Secretary of State Connie Lawson said Tuesday in a statement that her office is investigating Johnson County’s problematic electronic poll books and hopes “to determine the root cause of the problem" after the poll books that are used to check in voters before they cast a ballot kept freezing on Nov. 6, stalling several voting machines and preventing some people from voting.

Elkhart couple sentenced in hit-and-run that killed 3

December 13, 2018

A northern Indiana couple has been sentenced in a hit-and-run crash that killed two children and a man. Leonard Grosswiler was sentenced to 15 years, with 10 years to be served in prison and the rest in community corrections and on probation, while Penelope Grosswiler received 2 ½  years, with six months suspended to probation, in connection with the deaths of 8-month-old Dolly Thomas, 11-year-old Courtney Smith and 22-year-old Shawn Wolcott.

Indiana lawyer charged with fraud in alleged investment scheme

December 13, 2018

A lawyer who formerly worked in northern Indiana and already was ordered to repay more than $2.5 million to clients now is facing criminal charges. Federal prosecutors say 61-year-old Sven Eric Marshall, formerly of South Bend, is facing five counts of mail fraud for allegedly running an “elder abuse scam” through an investment company named Trust & Advisory Services of Indiana Inc.

Police say teen shooting suspect killed at Indiana middle school

December 13, 2018

Authorities say a teenage suspect has been killed at a Richmond middle school. Indiana State Police said in a Twitter post that no other students were reported injured in Thursday morning’s shooting at Dennis Middle School in Richmond.

Opinions Dec. 12, 2018

December 12, 2018

Indiana Court of Appeals 
Kelly Sickafoose v. Mary Beery, Auditor of Adams County

18A-MI-1549
Miscellaneous. Affirms the denial of Kelly Sickafoose’s motion for rule to show cause why the Adams County auditor should not be held in contempt. Finds the Adams Superior Court did not err in the denial and that Sickafoose’s filings were frivolous. Also finds an award of appellate attorney’s fees is warranted. Remands to the trial court for a determination of the amount of appellate fees that should be awarded to the auditor. Judge Mark Bailey dissents with separate opinion. 

Hoosier attorneys selected for public interest Skadden Fellowship

December 12, 2018

Two Hoosier attorneys that survived a rigorous application process with more than 150 other applicants nationwide have been selected by the Skadden Fellowship Foundation to address public interest issues in their Indiana communities as 2019 fellows.

25 lawyers selected for annual ISBA leadership program

December 12, 2018

The Indiana State Bar Association has announced its 2019 Leadership Development Academy class, selecting 25 attorneys from across the state to participate in the program’s eighth year.

Familiar names return to We the People winner circle

December 12, 2018

Hamilton County teams took home top honors in the Indiana We the People high school and middle school state finals held Sunday through Tuesday in Indianapolis. The first-place finishers now have the chance to compete for national titles.

Split COA affirms denial of court employee’s contempt motion, awards appellate fees

December 12, 2018

A split Indiana Court of Appeals affirmed the denial of a drug court coordinator’s claims that an auditor was in contempt of court, finding the coordinator’s claims were frivolous and her excessive filings were unreasonable. As such, the majority awarded appellate attorney’s fees to the auditor.

Justices grant transfer to smartphone self-incrimination appeal

December 12, 2018

The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.

Fight over Indiana abortion law still waiting at U.S. Supreme Court

December 12, 2018

While the Supreme Court of the United States has yet to agree to hear an abortion rights case this term, a petition from Indiana regarding its law regulating the disposal of fetal remains and prohibiting women from terminating their pregnancies based on race, sex or disability remains under consideration. Indiana filed a writ of certiorari after the 7th Circuit Court of Appeals upheld a preliminary injunction against 2016's House Enrolled Act 1337.

DCS budget could grow significantly next year

December 12, 2018

The Indiana Department of Child Services is requesting a 42 percent increase in its budget next year compared to the funding it was designated to receive this year in the previous budget cycle. The proposed budget from DCS would include $965 million from the state’s general fund per year for the next two fiscal years. 

Trump administration asks Supreme Court to allow asylum ban

December 12, 2018

The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.

Mishawaka teen accused in pregnant classmate’s murder appears in court

December 12, 2018

An Indiana judge has entered a preliminary not guilty plea for a high school football player accused of killing 17-year-old schoolmate Breana Rouhselang, who was pregnant with his child. The St. Joseph County judge also denied bail Tuesday for 16-year-old Aaron Trejo, who’s charged as an adult with murder and feticide.

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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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