Cold weather postpones Lake Superior judge interviews
Interviews for a Lake County Superior Court vacancy have been postponed until further notice due to temperature and wind chill concerns.
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ABA House of Delegates again rejects revised bar passage standard
The American Bar Association House of Delegates has again rejected a proposal that would have required at least 75 percent of law graduates pass their bar exam within two years of graduation.
Trump friend Stone pleads not guilty in Russia probe case
Roger Stone, a longtime adviser and confidant of President Donald Trump, pleaded not guilty Tuesday to charges in the Russia investigation after a publicity-filled few days spent torching the probe as politically motivated.
Split justices uphold ruling for insurer in truck crash that killed 3
Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.
Acting AG Whitaker says Russia probe ‘close’ to being completed
The special counsel’s Russia probe is “close to being completed,” the acting attorney general said in the first official sign that the investigation may be wrapping up. Meanwhile, the sixth former Trump aide indicted in the probe is due to make his initial court appearance today.
Indiana lawmaker seeks to eliminate state child labor laws
An Indiana lawmaker’s efforts to eliminate the state’s child labor laws have raised conflict of interest concerns because he employs hundreds of minors at a ski resort.
Indiana Senate backs law change after school shooting
The shooting at Noblesville West Middle School last year has legislators looking to change state law so that children as young as 12 could face attempted murder charges in adult court.
Opinions Jan. 29, 2019
The following opinions were posted after IL deadline Friday:
7th Circuit Court of Appeals
Brenda Lear Scheidler v. State of Indiana, et al.
17-2543
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment for the state of Indiana on Brenda Lear Scheidler’s claims of sex- and disability-based discrimination and failure to accommodate and full summary judgment to Indiana Department of Insurance Commission Stephen W. Robertson, and the exclusion of evidence related to Donna Thomas. Finds the district court did not commit reversible error.
AG Hill joins Indiana as amicus against ‘subjective’ handgun permitting
Indiana Attorney General Hill has signed the state on to an amicus brief urging the United States Supreme Court to take a case that could decide the constitutionality of may-issue firearm permits requiring citizens to meet subjective standards to publicly carry a weapon.
Student’s suit against Butler in sex misconduct case voluntarily dismissed
The 7th Circuit Court of Appeals granted a motion to dismiss a case against Butler University brought by a male student who claimed he was falsely accused of sexual misconduct and expelled from the school as a result.
Cincinnati lawyer reprimanded for ignoring court, orders
A Cincinnati lawyer also licensed to practice in Indiana has been publicly reprimanded after he was found to have knowingly disobeyed court orders in a Lake County case and to have failed to timely respond to requests from the Indiana Supreme Court Disciplinary Commission.
Ex-state employee loses disability discrimination appeal
A former of Department of Insurance employee fired after engaging in a verbal altercation and making crude comments about another employee has lost her disability-discrimination appeal before the 7th Circuit Court of Appeals.
Tax Court: JW Marriott’s appeal in 8-year-old assessment case premature
The owner of the downtown Indianapolis JW Marriott Hotel prematurely appealed its 2010 real property assessment with the Indiana Tax Court because a lower reviewing authority had not yet been given its full statutory time to review the matter, the Indiana Tax Court ruled Friday.
Stone accused of lying and witness tampering, but not collusion
Donald Trump confidant Roger Stone may be accused of lying and tampering with witnesses, but it’s equally notable what he’s not charged with: colluding with the Kremlin in a grand conspiracy to help Trump win the presidency in 2016. The case is the latest in a series brought by special counsel Robert Mueller that focuses on cover-ups but lays out no underlying crime.
Senate panel set to take up nomination of Trump’s AG pick
The Senate Judiciary Committee this week is set to take up the nomination of William Barr, President Donald Trump’s pick for attorney general. The committee’s Republican chairman, Sen. Lindsey Graham of South Carolina, said the panel will vote on Barr on Tuesday, though it’s likely Democrats will seek to postpone it.
Elkhart officer wants change of venue for battery trial
An Elkhart police officer charged with battery of a suspect is asking for his case to be moved to another county so he can receive a fair trial. Joshua Titus asked Elkhart Superior Judge Charles Wicks to move his trial to Noble County.
Justices grapple with refiling of similar CHINS case
As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.
Opinions Jan. 25, 2019
Indiana Court of Appeals
Morgan K. Govan v. State of Indiana
18A-CR-708
Criminal. Affirms Morgan K. Govan’s conviction of possession of cocaine or narcotic drug as a Level 4 felony, the determination that he is a habitual offender and his aggregate 30-year and 183-day sentence. Finds the Allen Superior Court did not err in admitting into evidence the heroin found on Govan after his arrest. Also finds any abuse of the trial court’s sentencing discretion was harmless because Govan’s sentence is not inappropriate.
Man’s 33-year sentence, admission of heroin evidence upheld
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.
Reversal: Children placed in father’s care weren’t CHINS
Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.