Man convicted in 2017 Indianapolis crash that killed 2
A man has been convicted of criminal recklessness and other charges in a 2017 highway rollover crash that killed two Indianapolis teenagers.
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Mueller considers new charges for ex-Trump campaign chairman
Former Trump campaign chairman Paul Manafort may face additional charges after lawyers in the special counsel’s Russia investigation said he lied to them and broke his plea agreement, prosecutors said Friday.
Cohen confesses to lying about Trump Tower Moscow deal
The surprise plea agreement with President Donald Trump’s former lawyer made clear that prosecutors believe Michael Cohen was continuing to pursue the Trump Tower Moscow project weeks after his boss had clinched the Republican nomination for president and while investigators believe Russians were meddling in the 2016 election on his behalf.
Drug convictions tossed over suspicionless search
Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.
7th Circuit revives Indiana wine retailer’s challenge to Illinois liquor laws
Finding the arguments needed to be allowed to ferment a little while longer, the 7th Circuit Court of Appeals has returned a dispute involving an Indiana wine retailer and Illinois’ liquor laws back to the district court for further proceedings. The case, Lebamoff Enterprises, Inc., et al. v. Bruce V. Rauner, et al. and Wine & Spirits Distributors of Illinois, 17-2495, raises the oft-asked question of how far states can go under the 21st Amendment in regulating alcohol within their borders.
Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury this week awarding him $112 million in damages. Sasso, president of Indiana Spine Group, claimed Medtronic had violated a contract by not paying royalties he was due for spinal implants and screw-implant systems he had invented and licensed to the company more than a decade ago.
7th Circuit: Fantasy sports right to publicity battle over
A civil suit brought by three former college football players against online fantasy-sports companies FanDuel and DraftKings has officially ended, the 7th Circuit Court of Appeals ruled Thursday.
Judge strikes lethal injection secrecy law, says lawmakers ‘overstepped’
The Indiana Department of Correction has again lost a suit in which it argues to keep secret the drugs it would use in a lethal injection. The judge in the case extraordinarily outlined how the DOC, the governor’s office, and the Indiana General Assembly appeared to directly undermine her order that the department disclose the drugs it might use in a potential execution.
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.
Alleged drug dealer’s tie to CI’s assault merits higher bond
An accused drug dealer who allegedly assaulted an informant then arranged a separate assault on her from behind bars in Columbus had his bond increased rather than lowered, and the Indiana Court of Appeals agreed Thursday.
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.
Lake County releases judicial candidate survey results
The Lake County Bar Association released its judicial candidate survey results Thursday of nearly 20 applicants vying to fill an upcoming vacancy in the Lake Superior Court.
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.
Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
Trump says he wouldn’t take Manafort pardon ‘off the table’
A pardon for Paul Manafort is “not off the table,” President Donald Trump said, drawing swift rebuke from critics who fear the president will use his executive power to protect friends and supporters caught up in the Russia probe.
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.
Proposed South Bend abortion clinic denial likely going to court
A nonprofit group that wants to open an abortion clinic in South Bend was dealt a setback Wednesday after an Indiana health department administrative panel ruled that the agency acted properly when it denied the group a license.
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.