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Convicted forger, ID thief loses appeal of suit against victims

December 10, 2018

The Indiana Court of Appeals affirmed the grant of summary judgment to several relatives and the landlord of man convicted of stealing and frequently using his parents' financial accounts and personal items to fund his gambling. The COA found the relatives were entitled to judgment as a matter of law.

Justices won’t hear states’ appeal over Planned Parenthood

December 10, 2018

The Supreme Court on Monday avoided a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood, over the dissenting votes of three justices. The court’s order reflected a split among its conservative justices and an accusation from Justice Clarence Thomas that his colleagues seemed to be ducking the case for political reasons.

Whether a president can be prosecuted remains in dispute

December 10, 2018

For the first time, prosecutors have tied President Donald Trump to a federal crime, accusing him of directing illegal hush-money payments to women during his presidential campaign in 2016. Although Trump hasn’t been charged with any crimes, the question of whether a president can even be prosecuted while in office is a matter of legal dispute.

Albion man pleads guilty in death of toddler

December 10, 2018

A 42-year-old Albion man has pleaded guilty to murder in the battering death of a 2½-year-old girl he was babysitting. Trevor Wert entered the plea last week in Noble Superior Court after admitting to striking Railee Ewing's head and face multiple times and kicking her in the buttocks as she was trying to leave a bathroom, sending her into the bathroom door frame.

Indiana man pleads guilty to 1988 killing of 8-year-old girl

December 10, 2018

An Indiana man has pleaded guilty to the 1988 abduction, rape and killing of an 8-year-old Fort Wayne girl. John D. Miller pleaded guilty Friday to murder and child molestation charges in the long-unsolved killing of April Tinsley. A plea agreement calls for the 59-year-old Miller to serve 80 years in prison.

Group seeks 2nd hearing on tainted East Chicago site’s cleanup

December 10, 2018

East Chicago community group is asking for a second public hearing on the proposed cleanup of the site of a public housing complex that was evacuated and demolished because of industrial contamination. The East Chicago Calumet Coalition Community Advisory Group says many residents didn’t get to speak at a Nov. 29 hearing about a $26.5 million project to remove tainted soil from the site of the West Calumet Housing Complex.

Cellphone search warrant didn’t violate Fourth Amendment

December 7, 2018

The 7th Circuit Court of Appeals affirmed that a warrant authorizing police to search a man’s phone after a drug-deal gone wrong was not in violation of the Fourth Amendment, finding the warrant to be as specific as circumstances allowed.

Brown County attorney resigns over disciplinary action

December 7, 2018

The Indiana Supreme Court on Thursday ordered a public reprimand of an Evansville attorney and accepted the resignation of a Brown County attorney who was facing multiple professional misconduct and trust account violations.

Opinions Dec. 7, 2018

December 7, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
Lorenzo D. Roundtree v. Jeffrey E. Krueger, United States Penitentiary, Terre Haute

14-3696
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the district court’s rejection of Lorenzo Roundtree’s attack on his life sentence for selling heroin that led to a user’s death. Finds that the 7th Circuit has recognized that Burrage v. United States cannot be used to litigate under 28 United States Code section 2241 if 18 U.S.C. 2255 could have been or was used to raise the issue, so because Roundtree unsuccessfully challenged his sentence under section 2255 in the 8th Circuit Court of Appeals, relief under section 2241 is not available in the 7th Circuit.

COA reverses restitution for sentencing hearing lost wages

December 7, 2018

A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.

Mother’s neglect conviction vacated under double jeopardy rule

December 7, 2018

The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.

Default judgment for buyers reversed in suit against car dealer

December 7, 2018

The Indiana Court of Appeals reversed a trial court’s denial of a car dealership’s motion to set aside a default judgment for two customers when it found a dealership employee was given incorrect information about his need for representation during a hearing.

COA remands, finding man didn’t knowingly possess cocaine

December 7, 2018

A man convicted on a variety of counts of drug possession will be resentenced after the Indiana Court of Appeals agreed with the state that there was insufficient evidence to convict him of possessing cocaine.

7th Circuit: Two years too late for manufacturer’s damages claim

December 7, 2018

The 7th Circuit Court of Appeals affirmed dismissal of a manufacturer’s damages suit against a barge company when it found the claims were brought after the parties’ four-month limitations provision.

ACLU urges high court to let Indiana abortion rulings stand

December 7, 2018

The American Civil Liberties Union of Indiana and Planned Parenthood are urging the U.S. Supreme Court to let stand two decisions that stopped portions of an Indiana abortion law signed when Vice President Mike Pence was governor.

Heroin dealer loses 7th Circuit life sentence appeal after 8th Circuit ruling

December 7, 2018

A man sentenced to life in prison after selling heroin that led to his customer’s death has lost his appeal of his sentence before the 7th Circuit Court of Appeals, which held that it could not provide relief to the man because of a prior 8th Circuit Court of Appeals ruling.

Sheriff wants new armored vehicle to deal with ‘threats’

December 6, 2018

A sheriff in northwestern Indiana wants to buy a $360,000 armored vehicle, but local officials are not so sure.

Supreme Court seems likely to keep double jeopardy exception

December 6, 2018

The United States Supreme Court seemed likely Thursday to preserve a constitutional rule that allows state and federal governments to prosecute someone for the same crime.

Parents of girl shot at Noblesville school sue gunman’s parents

December 6, 2018

The parents of a 13-year-old girl who was shot seven times by a classmate at a suburban Indianapolis school are suing the young assailant’s parents.

Opinions Dec. 6, 2018

December 6, 2018

Indiana Court of Appeals 
Collins Asset Group, LLC v. Alkhemer Alialy

18A-CC-1160
Civil collection. Affirms the Hamilton Superior Court’s dismissal Collins Asset Group, LLC’s complaint against Alkhemer Alialy. Finds that the trial court did not err in granting Alialy’s motion to dismiss. Also finds the trial court correctly concluded that CAG’s action was barred by the six-year statute of limitations pursuant to Indiana Code section 34-11-2-9.

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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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