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Opinions Nov. 29, 2018

Indiana Court of Appeals
Brian Harold Connor v. State of Indiana
18A-CR-442
Criminal. Reverses Brian Connor’s conviction of Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of the person’s breath. Finds the Marion Superior Court abused its discretion in admitting Connor’s chemical breath test into evidence when an Indianapolis Metropolitan Police Department captain administered the test using a procedure not approved by the Department of Toxicology.

Suspended lawyer accused of forgery disciplined again

The Indiana Supreme Court on Wednesday again suspended from the practice of law a northern Indiana lawyer who is charged with felony forgery and was found to be noncooperative with another Disciplinary Commission investigation of a grievance against her.

Valpo lawyer suspended 1 day after conviction

The Indiana Supreme Court on Wednesday suspended a Valparaiso attorney who faced multiple criminal charges of violating protective orders and was convicted of one count in a bench trial a day earlier.

COA affirms possession of tossed firearm by felon

A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.

Michael Cohen pleads guilty to lying to Congress

In a surprise appearance in a New York courtroom Thursday, President Donald Trump’s former lawyer Michael Cohen pleaded guilty to lying to Congress about work he did on a Trump real estate project in Russia.

Opinions Nov. 28, 2018

Indiana Court of Appeals
Anonymous Physician, Anonymous Medical Practice, Anonymous Hospital v. Michelle Kendra, as Personal Representative of the Estate of John Kendra, Deceased
18A-CT-323
Civil Tort. Reverses the Lake Superior Court’s denial of summary judgment in favor of Anonymous Physician, Anonymous Medical Practice and Anonymous Hospital. Finds Michelle Kendra’s knowledge of her father’s heart problems and suffering after he was implanted with a pacemaker was enough to trigger a duty to investigate the possibility of medical malpractice.

COA orders judgment for insurer after fatal shooting

An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.

Applications available for law school assistance program

The Indiana Conference for Legal Education Opportunity program, an initiative designed to help underrepresented students pursue a law degree, is currently taking applications. Indiana residents or graduates of an Indiana college or high school may apply by March 1, 2019.

Conviction vacated for man who opened fire over iPad

A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.

Indiana $40K Land Rover seizure case goes to SCOTUS

WASHINGTON — The grandeur and history of the United States Supreme Court stood in stark contrast to the small-town Indiana roots of a potentially landmark civil forfeiture case federal justices heard Wednesday.

Pro-Kavanaugh group received millions from anonymous donors

After President Donald Trump announced Kavanaugh’s nomination in July, the Judicial Crisis Network declared that it was prepared to spend as much as $10 million or more in a pro-Kavanaugh advertising campaign. It set up confirmkavanaugh.com, calling Kavanaugh “a person of impeccable character, extraordinary qualifications, independence, and fairness.”

New developments put Manafort back in Russia probe spotlight

The breakdown of a plea deal with former Trump campaign chairman Paul Manafort and an explosive British news report about alleged contacts he may have had with WikiLeaks founder Julian Assange threw a new element of uncertainty into the Trump-Russia investigation.