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Opinions Dec. 28, 2018

December 28, 2018

Indiana Supreme Court 
In the Matter of Kirmille D. Lewis

18S-DI-102
Disciplinary action. Disbars Indianapolis attorney Kirmille Lewis. Finds Lewis committed attorney misconduct by, among other things, converting client funds, neglecting clients’ cases and engaging in a pattern of dishonesty. 

Landlord, not tenant, responsible for insuring building in fire, COA says

December 28, 2018

The Indiana Court of Appeals reversed the denial of a tenant’s motion for judgment against a landlord’s insurer after finding that the parties’ commercial leasing agreement unambiguously provided that the landlord would insure a building damaged in a fire.

Federal board’s ruling paves way for Nickel Plate Trail development

December 28, 2018

The Federal Surface Transportation Board has ruled in favor of a plan by Fishers and Noblesville to convert the Nickel Plate Railroad into a recreational trail, removing the last big legal hurdle faced by the project.

Indy attorney who converted client funds, falsified attorney registration loses license

December 28, 2018

An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.

COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges

December 28, 2018

A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.

COA reverses one of multiple firearm convictions on double jeopardy grounds

December 28, 2018

An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.

No solution to shutdown in sight before Dems take House

December 28, 2018

The partial government shutdown will almost certainly be handed off to a divided government to solve in the new year — the first big confrontation between President Donald Trump and newly empowered Democrats — as agreement eludes Washington in the waning days of the Republican monopoly on power.

Government shutdown closes S. Indiana Forest Service offices

December 28, 2018

The partial federal government shutdown has closed U.S. Forest Service offices in southern Indiana and limited access to some federal properties. The Forest Service closed its Bedford and Tell City offices when the shutdown began Dec. 22.

Assault charge filed against LaPorte woman in plane incident

December 28, 2018

An Indiana woman accused of attacking a Delta Air Lines crew is moving toward a guilty plea in Detroit federal court. In a new court filing, Camille Krueger of LaPorte is charged with head-butting and spitting on federal officers who were removing her from a Germany-to-Detroit flight last January.

Opinions Dec. 27, 2018

December 27, 2018

7th Circuit Court of Appeals
Shannon McHenry v. Nancy Berryhill

18-1691
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates an administrative law judge’s dismissal of Shannon McHenry’s application for disability insurance benefits, finding the ALJ failed to acquire a medical expert to review a consequential MRI report. Remands for proceedings.

COA split on amended sentence modification statute

December 27, 2018

In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.

SCOTUS to consider Indiana abortion, juvenile life cases in conference

December 27, 2018

Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.

Mobile home parks lose appeal of IURC classification

December 27, 2018

Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.

7th Circuit affirms denial of habeus corpus petition

December 27, 2018

A prisoner petitioning for habeus corpus relief for the past decade was again denied when the 7th Circuit Court of Appeals found he was properly sentenced under the Armed Career Criminal Act.  

7th Circuit reinstates hairdresser’s disability benefits case

December 27, 2018

A woman denied Social Security disability benefits was granted a second chance after a panel of the 7th Circuit Court of Appeals found her administrative law judge lacked substantial evidence to prove she wasn’t disabled.

US: Thousands victimized in organic grain fraud scheme

December 27, 2018

Federal prosecutors say thousands of individuals and businesses were victims of a large-scale scheme in which ordinary corn and soybeans were fraudulently marketed nationwide as “certified organic.”

Deaths of 2 children raise doubts about US border agency

December 27, 2018

The deaths of two migrant children in just over two weeks raised strong new doubts Wednesday about the ability of U.S. border authorities to care for the thousands of minors arriving as part of a surge of families trying to enter the country.

Cleanup set for 200,000 waste tires left at Anderson business

December 27, 2018

State environmental officials are stepping in to clean up nearly 200,000 shredded tires left at a former central Indiana recycling business.

Court: Justice Ginsburg leaves hospital after cancer surgery

December 27, 2018

A spokeswoman for the U.S. Supreme Court said Justice Ruth Bader Ginsburg has been discharged from the hospital after cancer surgery.

Opinions Dec. 26, 2018

December 26, 2018

Indiana Court of Appeals 
Andrew W McWhorter v. State of Indiana 

33A01-1710-CR-2415
Criminal. Affirms Andrew McWhorter’s conviction for Class A felony voluntary manslaughter. Finds the Henry Circuit Court did not abuse its discretion in admitting video testimony from a deceased eye-witness. Also finds McWhorter’s due process rights were not violated during his prior trial, nor was he subjected to double jeopardy. Judge L. Mark. Bailey dissents with a separate opinion.

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In This Issue

  • NCAA uses full-court press to protect branded phrases like ‘March Madness’

  • Conversations signal rising awareness of secondary trauma in legal profession

  • Former Jefferson County doctor, Norton Health facing medical negligence suit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Anonymous donors give each 2026 IU Maurer grad $10K

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