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Opinions Dec. 17, 2018

December 17, 2018

7th Circuit Court of Appeals
Gloria Terry v. Gary Community School Corporation

18-1270
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Affirms the district court’s grant of summary judgment in favor of Gary Community School Corporation against Gloria Terry’s claims of sex discrimination. Finds Terry did not provide evidence showing the district had a pretextual, discriminatory purpose for its actions in giving the principal position to a male candidate instead of her. Finds she was not discriminated against based on her sex, nor was she paid less in violation of Title VII and the Equal Pay Act.

ILAS pushing harder on holiday campaign

December 17, 2018

The Indianapolis Legal Aid Society has again kicked off its annual holiday campaign, the nonprofit’s major fundraiser that has undergone many tweaks and alterations in recent years but remains the primary source for unrestricted dollars.

DOC deliberate indifference claim remanded to district court

December 17, 2018

Finding it is reasonable to infer that a former unit manager at the Putnamville Correctional Facility knew an inmate was in danger from gang violence but did nothing, the 7th Circuit Court of Appeals reversed a grant of summary judgment and remanded the case to the Southern Indiana District Court.

Applicants sought to replace Lake Superior Judge Schneider

December 17, 2018

A Lake Superior Court judge will retire early next year, prompting the Lake County Judicial Nominating Commission to begin the process of selecting her replacement.

Justices appoint judge pro tem in Scott Circuit Court

December 17, 2018

Scott Circuit Court Judge Jason M. Mount will temporarily step down from his seat on the bench after informing the court he would be unable to perform the duties of his office, a Friday order of the Indiana Supreme Court announced.

Attorney charged with forgery gets fifth suspension of 2018

December 17, 2018

A northern Indiana attorney charged with felony forgery of a judge’s signature  received her fifth suspension of the year for failure to cooperate with another Disciplinary Commission investigation of a grievance against her. Four of the suspensions remain active.

Female Gary principal loses sex discrimination appeal

December 17, 2018

The 7th Circuit Court of Appeals affirmed the grant of summary judgment to northern Indiana school corporation when it found a female principal was not discriminated against based on her sex when a male candidate got the job she applied for.

Advocates push Indiana lawmakers to approve hemp cultivation

December 17, 2018

Indiana’s efforts to eradicate wild industrial hemp will soon come to an end and cultivation of the plant could soon follow.

New lawsuit says Elkhart police obstructed shooting probe

December 17, 2018

The sister of a man Elkhart police killed two years ago contends in a new lawsuit that department leaders obstructed an independent investigation of the shooting.

Holcomb says passing hate crime law ‘long overdue’

December 17, 2018

The spray-painting of a swastika outside a suburban Indianapolis synagogue this summer was the final straw for Republican Gov. Eric Holcomb, who quickly called for Indiana to join the 45 states that have hate crime laws.

Opinions Dec. 14, 2018

December 14, 2018

Indiana Court of Appeals 
Alberto Baiza Rodriguez v. State of Indiana

20A03-1704-CR-724
Criminal. Reaffirms the original holding that the Elkhart Superior Court erred in finding Alberto Baiza Rodriguez had waived his right to seek modification of his sentence imposed pursuant to a fixed plea agreement. Finds the 2018 amendments to Indiana Code section 35-38-1-17 and 35-35-1-2 were not intended to apply retroactively, and even if they were, such an application would unconstitutionally impar Rodriguez’s contractual rights under his plea agreement with the state. Remands for further proceedings. Senior Judge Robert Rucker dissents with separate opinion. 

Anderson Wigwam owners lose bid in Tax Court

December 14, 2018

The company which now owns the storied Anderson High School arena, known as the Wigwam, failed to convince the Indiana Tax Court it is entitled to an injunction against the collection of property taxes based on a valuation of more than $2 million.

Man who failed to disclose property interest must divide mother’s estate with ex-wife

December 14, 2018

A woman who learned after the divorce was final that her estranged husband did not disclose his interest in his mother’s estate has gotten relief from the Indiana Court of Appeals, which found the man “made a mockery of the discovery process.”

ABA House of Delegates to reconsider revised bar passage standard

December 14, 2018

Accredited law schools could soon be operating under a revised bar passage standard if a proposal recently adopted by the Council of the American Bar Association Section of Legal Education and Admissions to the Bar moves forward. The council’s adopted proposal revises Standard 316 to require at least 75 percent of a law school’s graduates who sit for a bar examination to pass within two years of their graduation date. 

Erroneous admission of evidence of prior bad act was harmless, COA says

December 14, 2018

The Indiana Court of Appeals affirmed the admission of evidence in a Wabash County case after finding that despite a trial court’s erroneous admission of evidence of a prior bad act, such an error was harmless.

On remand, divided COA again allows modification of fixed-plea sentence

December 14, 2018

A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.

Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV

December 14, 2018

The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.

A look at where the investigations related to Trump stand

December 14, 2018

President Donald Trump is facing criminal investigations in Washington and New York.Here’s a look at where the investigations related to Trump stand and what may lie ahead for him.

Police: Teen, officers exchange gunfire at middle school

December 14, 2018

A 14-year-old boy who arrived at an Indiana middle school Thursday morning that was already on lockdown after a tip about potential violence shot out glass in a locked door and entered the school before exchanging gunfire with officers inside, authorities said. The boy, who police said died inside the school from an apparent self-inflicted gunshot wound, wasn’t a current student at Dennis Intermediate School in Richmond.

NW Indiana scrap dealer convicted of razing historic bridge

December 14, 2018

A federal jury has convicted a northwestern Indiana scrap-metal dealer of interstate transportation of stolen goods for allegedly demolishing a historic railroad bridge and selling the metal. Prosecutors said Kenneth Morrison and a work crew cut up the unused Monon Bridge that spanned the Grand Calumet River near downtown Hammond and sold it to Illinois scrapyards for $18,000. He also allegedly sold parts to an East Chicago scrap dealer.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

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

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

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

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

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

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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