Indiana Court decisions – Nov. 20-Dec. 4, 2018
Read Indiana appellate court decisions from the most recent reporting period.
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Disciplinary Actions – 12/12/18
Read who was suspended from the practice of law during the most recent reporting period.
Dreyer: Seven hopes on a judicial holiday wish list
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
Letter to the Editor: Child Advocates: Giving foster parents party status problematic
Foster parents are invaluable assets and partners in child welfare. Foster parents’ input in team meetings and on an ongoing basis provides valuable insight into the child’s needs. However, giving foster parents party status presents many problems.
Mishawaka teen charged with killing pregnant schoolmate
An Indiana high school football player told investigators that he killed a 17-year-old schoolmate because he was angry that she waited so long to tell him she was pregnant with his child that it was too late to get an abortion, authorities said Monday. Aaron Trejo, 16, was charged as an adult with murder in the Sunday killing of Breana Rouhselang and the fetus.
Elkhart police chief resigns amid discipline controversies
A northern Indiana police chief who downplayed the beating of a handcuffed suspect by two officers and faced other controversies over discipline has resigned. Elkhart’s Chief Ed Windbigler said in a letter Monday that Mayor Tim Neese asked him to resign.
Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?
In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.
Comforting paws for law students
Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise when several furry, four-footed friends greeted them at the door.
Start Page: Untangle your many logins with a password manager
Christmas is just around the corner. You finally have a couple of days off to binge watch that Netflix show you’ve been hearing about, only to be asked to enter your password. You fiddle with the remote to type in the password in vain. So much for goodwill toward men. Thankfully, there’s a solution to this challenge: a software-based password manager.
Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Multiple Indiana voting laws on trial in federal court
Indiana, like many states, has been amending and enacting new voting laws in the name of stamping out voter fraud. Lawyers and civic organizations are challenging laws and regulations that they believe are restricting the right to vote.
Web Exclusive: Are E.coli outbreaks a concern for CAFOs?
Large livestock operations in the Western United States are suspected culprits in the E. coli contamination of romaine lettuce, but Hoosier agriculture experts doubt a similar situation is likely here.
Indiana Bar Exam faces its own test
As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition
Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
IBF honors civic education, access to justice volunteers
The Indiana Bar Foundation's 2018 Awards Dinner honored Indiana attorneys, bar associations and teachers for their contributions to the foundation, the We the People program and the cause of justice across the state. The dinner, held Sunday night, also recognized this year's Bar Foundation Fellows and featured an announcement about the creation of a new endowment.
Male student claims gender bias in campus rape investigation in lawsuit against IU
A male student has filed a federal lawsuit against Indiana University after the Bloomington school investigated a sexual assault complaint against him and determined that even though he “reasonably should not have known” the woman was incapacitated, he was still responsible for nonconsensual sex.
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Opinions Dec. 10, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
USA v. Edward Bishop
18-2019
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Affirms Edward Bishop’s conviction of discharging a firearm during a drug transaction. Finds the warrant authorizing the search of his cellphone did not violate the Fourth Amendment’s requirement that every warrant “particularly describ[e] the place to be searched, and the persons or things to be seized.”
Abusive boyfriend’s criminal confinement conviction affirmed
The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.
Trial court erred in straying from child support statute in emancipation denial
The Indiana Court of Appeals reversed and remanded a trial court’s order for a mother to continue paying child support for her 19-year-old son, finding the trial court did not have the discretion to go outside the parameters of the termination of child support statute in its decision.