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7th Circuit upholds denial of qualified immunity for officer who shot truck driver

November 9, 2018

The 7th Circuit Court of Appeals has upheld the denial of summary judgment to a police officer who shot a truck driver during a fight over parking tickets, finding the record does not demonstrate that the officer was entitled to qualified immunity, making a trial necessary.

Supreme Court certifies 42 senior judges for 2019

November 9, 2018

The Indiana Supreme Court has certified or re-certified 42 judicial officers as senior judges for the coming year. The high court re-certified 33 senior judges and gave eight trial court judges and one magistrate received initial certification.

Allen Superior Court seeks magistrate judge to succeed Zent

November 9, 2018

The Allen Superior Court Criminal Division is accepting applications for a magistrate judge position that will open when Senior Magistrate David M. Zent becomes an Allen Superior Judge. Applications will be accepted to fill Zent’s seat in the Allen Superior Court Misdemeanor and Traffic Division through Nov. 30, with the position expected to be filled in December.

Public comment sought for Southern District Bankruptcy Court proposed amendments

November 9, 2018

The United States Bankruptcy Court for the Southern District of Indiana is seeking public comment concerning proposed amendments to the court’s local rules, including some required by changes to national rules. Comments are due by 5 p.m. Nov. 28.

120 people face drug charges in Johnson County

November 9, 2018

The Johnson County prosecutor says more than 100 people are facing drug charges. Prosecutor Brad Cooper said Thursday that 120 people face charges for dealing methamphetamine, heroin, cocaine, marijuana or other drugs.

White House braces for Mueller’s next steps

November 9, 2018

The White House is bracing for the probe of Donald Trump’s presidential campaign to fire up again. Trump’s advisers are privately expressing worries that the special counsel, who’s been out of the news for the past month, has been stealthily compiling information and could soon issue new indictments or a damning final report.

Missouri tour boat captain indicted after sinking kills 17

November 9, 2018

Kenneth Scott McKee, the captain of a tourist boat that sank in southwest Missouri and killed 17 people, including nine members of an Indianapolis family, didn’t tell passengers to put on flotation devices or prepare them to abandon ship even after waves crashed into the boat during a severe storm, according to an indictment released Thursday. McKee faces 17 counts of misconduct, negligence or inattention to duty by a ship’s officer resulting in death.

Corydon teacher sentenced to 90 years in child molesting case

November 9, 2018

A former southern Indiana elementary school teacher who pleaded guilty to child molestation in a deal with prosecutors has been sentenced in 90 years behind bars. Under terms of a plea agreement filed in September in Harrison Superior Court, Corey Faith entered pleas to three counts of child molestation and 33 other counts were dropped.

Opinions Nov. 8, 2018

November 8, 2018

7th Circuit Court of Appeals
USA v. Joshua C. Bolin

18-2208
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young.
Criminal. Affirms the U.S. District Court for the Southern District of Indiana’s imposition of a $5,000 additional special assessment to Joshua Bolin, in addition to the mandatory special assessment under 18 U.S.C. §§ 3013 and 3014. Finds Bolin waived his claim.

Ex-judge accused of sex-based harassment tentatively settles

November 8, 2018

A former Huntington County judge has reached a tentative settlement with his accuser in a sex-based harassment case brought by a county probation officer who alleged the judge engaged in a “campaign of sex-based harassment, discrimination, and retaliation” that “created a hostile and oppressive workplace environment.”

COA: ‘Irritated’ judge must make immigration findings

November 8, 2018

A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.

Indigent man ordered to pay $5,000, guilty plea waiver valid

November 8, 2018

The 7th Circuit Court of Appeals affirmed a district court’s imposition of a $5,000 special assessment to a man, despite the discovery that he was indigent, finding no evidence to suggest his waiver was invalid.

COA: Sisters separated from mother, brothers is in best interests

November 8, 2018

The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.

Reversal: Officer’s suit reinstated, bond requirement ambiguous

November 8, 2018

The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.

Appeals court splits over ‘manifest injustice’ in resentencing

November 8, 2018

The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.

Bank robbers disguised in ’70s garb to be resentenced

November 8, 2018

The 7th Circuit Court of Appeals reversed three men’s attempted robbery convictions for lack of evidence but affirmed their remaining convictions and ordered them resentenced. The men were accused of robbing several Indianapolis-area financial institutions donned in 1970s apparel.

Revised vote tally flips St. Joseph race, ousting probate judge

November 8, 2018

The St. Joseph Probate Court judge was unseated in Tuesday’s election, reversing earlier results showing Republican Judge James Fox had retained his office. Official final vote totals now show Democratic challenger Jason Cichowicz narrowly defeated Fox in the state’s closest judicial race.

With new Justice official, fate of Russia probe in question

November 8, 2018

Attorney General Jeff Sessions was pushed out after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel’s Russia investigation. The move Wednesday has potentially ominous implications for special counsel Robert Mueller’s Russia probe.

Ginsburg, 85, hospitalized after fracturing 3 ribs in fall

November 8, 2018

The Supreme Court says 85-year-old Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital. The court said the justice went to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight after a  Wednesday evening fall.

Porter County begins counting votes after delay

November 8, 2018

The commissioners in a northwestern Indiana county plagued by a mix of Election Day problems asked the FBI on Wednesday to investigate what they called “scores of alleged violations of Indiana Election Law” reported following Tuesday’s election. Porter County officials did not begin counting votes until Wednesday morning, more than 15 hours after the first polling places closed.

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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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